[Federal Register Volume 76, Number 51 (Wednesday, March 16, 2011)]
[Rules and Regulations]
[Pages 14278-14279]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6043]
[[Page 14278]]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1245
[Document Number AMS-FV-07-0091; FV-07-706-FR]
RIN 0581-AC78
U.S. Honey Producer Research, Promotion, and Consumer Information
Order; Termination of Referendum Procedures
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Direct final rule.
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SUMMARY: The Agriculture Marketing Service (AMS) is removing from the
Code of Federal Regulations (CFR) referendum procedures for the
proposed U.S. Honey Producer Research, Promotion, and Consumer
Information Order (Proposed Order). The Proposed Order was not approved
during referendum and thus was not implemented. Therefore, referendum
procedures for this Proposed Order are no longer necessary and the part
is removed in its entirety.
DATES: Effective Date: The rule will be effective on May 16, 2011,
without further action, unless adverse comments or written notice of
intent to submit adverse comments are received on or before April 15,
2011. If adverse comments or written notice of intent to submit adverse
comments are received, AMS will publish a document in the Federal
Register withdrawing this rule before the effective date.
ADDRESSES: You may submit comments or written notice of intent to
submit adverse comments on the Internet at http://www.regulations.gov
or to the Research and Promotion Branch, Fruit and Vegetable Programs,
AMS, USDA, 1400 Independence Avenue, SW., Stop 0244, Room 0632-S,
Washington, DC 20250-0244; fax: (202) 205-2800. All comments should
reference the docket number and the date and page number of this issue
of the Federal Register and will be made available for public
inspection in the above office during regular business hours or can be
viewed at http://www.regulations.gov. All comments submitted in
response to this rule will be included in the record and will be made
available to the public. Please be advised that the identity of the
individuals or entities submitting comments will be made public on the
Internet at the address provided above.
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:
Background
The Proposed Order was authorized by the Commodity Promotion,
Research, and Information Act of 1996 (1996 Act) (7 U.S.C. 7411-7425).
The Proposed Order was published in the Federal Register on July 14,
2009 [74 FR 34182] with request for comments, and then again on April
12, 2010 [75 FR 18430] to announce a referendum. 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, a
rule withdrawing the proposed rule and referendum order was published
in the Federal Register on November 9, 2010 [75 FR 68728]. However,
final referendum procedures were published in the Federal Register on
April 12, 2010, [75 FR 18396] and added to 7 CFR part 1245 in Subpart
B, along with reserved Subpart A. This action is needed to remove 7 CFR
part 1245 from the CFR since the program was never implemented. This
document provides for the removal of 7 CFR 1245 in its entirety.
Direct Final Action
The Agricultural Marketing Service (AMS) is removing from the Code
of Federal Regulations (CFR), 7 CFR part 1245, U.S. Honey Producer
Research, Promotion and Consumer Information Order (Proposed Order) in
its entirety.
Pursuant to 5 U.S.C. 553, it is found and determined upon good
cause that it is impracticable, unnecessary, and contrary to public
interest to give preliminary notice prior to putting this rule in
effect because the initial referendum conducted by AMS for the Proposed
Order was not approved during referendum and thus was not implemented.
Further, AMS views this action as noncontroversial and anticipates no
adverse public comment. This rule will be effective, as published in
this document, May 16, 2011, without further action, unless AMS
receives adverse comments or written notice of intent to submit adverse
comments on or before April 15, 2011. Adverse comments are considered
to be those comments that suggest the rule should not be adopted or
suggest the rule should be changed.
If AMS receives adverse comments or written notice of intent to
submit adverse comments, we will publish a document in the Federal
Register withdrawing this rule before the effective date. AMS will then
publish a proposed rule for public comment. Following the close of that
comment period, the comments will be considered, and a final rule
addressing the comments will be published.
Executive Order 12866
This rule has been determined to be not significant for purposes of
Executive Order 12866 and, therefore, has not been reviewed by OMB.
Regulatory Flexibility Act and Paperwork Reduction Act
In accordance with the Regulatory Flexibility Act (RFA) [5 U.S.C.
601-612], the Department is required to examine the impact of this rule
on small entities. The purpose of the RFA is to fit regulatory actions
to the scale of businesses subject to such action so that small
businesses will not be disproportionately burdened.
The Small Business Administration [13 CFR 121.201] defines small
agricultural producers as those having annual receipts of $750,000 or
less annually and small agricultural service firms as those having
annual receipts of $7.0 million or less. Using these criteria, under
the Proposed Order, most producers and handlers would be considered
small businesses. Pursuant to the requirements set forth in the RFA, it
has been determined that this rule will not have an adverse economic
impact on entities small or large. The Proposed Order was never
implemented. No additional cost or burden is expected to result from
this action.
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
chapter 35), the information collection requirements being terminated
were
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approved previously by the Office of Management and Budget (OMB) and
assigned OMB No. 0581--NEW. Termination of the reporting requirements
will reduce the reporting burden on producers by about 11 hours.
There are no Federal rules that duplicate, overlap, or conflict
with this rule.
Executive Order 12988
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. It is not intended to have retroactive effect.
Section 524 of the Act provides that the Act 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 Act, a person subject to an order may file
a 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 requesting 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 Act provides that the district court of the United
States for any district in which the petitioner resides or conducts
business shall be 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 entry of USDA's final ruling.
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.
Accordingly, under the authority of 7 U.S.C. 7411-7425; 7 CFR part
1245 is removed.
PART 1245--[Removed]
Dated: March 9, 2011.
David R. Shipman,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 2011-6043 Filed 3-15-11; 8:45 am]
BILLING CODE 3410-02-P