14278 Federal Register / Vol. 76, No. 51 / Wednesday, March 16, 2011 / Rules and Regulations 

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. 

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 

kimberly.coy@ams.usda.gov. 

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 


ebenthall on DSK69SOYB1PROD with RULES
Federal Register / Vol. 76, No. 51 / Wednesday, March 16, 2011 / Rules and Regulations 14279 

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 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2011–0080] 

Drawbridge Operation Regulation; 

Grassy Sound Channel, Middle 

Township, NJ 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, Fifth Coast 

Guard District, has issued a temporary 

deviation from the regulations 

governing the operation of the Grassy 

Sound Channel Bridge across the Grassy 

Sound Channel, mile 1.0, at Middle 

Township, NJ. The deviation is 

necessary to facilitate the cleaning and 

painting of the structure. This deviation 

allows the bridge to remain closed for 

the entirety of the deviation period. 

DATES: This deviation is effective from 

5 a.m. on March 1, 2011 to 5 p.m. on 

April 30, 2011. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket are part of docket USCG–2011– 

0080 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2011–0080 in the ‘‘Keyword’’ box 

and then clicking ‘‘Search’’. They are 

also available for inspection or copying 

at the Docket Management Facility (M– 

30), U.S. Department of Transportation, 

West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

e-mail Mr. Terrance A. Knowles, 

Environmental Protection Specialist, 

Fifth District; Coast Guard; telephone 

757–398–6587, e-mail 

Terrance.A.Knowles@uscg.mil. If you 

have questions on viewing the docket, 

call Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: The Cape 

May County Bridge Commission 

(CMCBC), who owns and operates this 

bascule drawbridge, has requested a 

temporary deviation from the current 

operating schedule to facilitate the 

cleaning and painting of the bridge 

structure. Under the regular operating 

schedule required by 33 CFR 117.721, 

the draw of the bridge shall open on 

signal from 6 a.m. to 8 p.m., from May 

15 through September 30. From 9:15 

a.m. to 2:30 p.m. on the fourth Sunday 

in March of every year, the draw need 

not open for vessels. If the fourth 

Sunday falls on a religious holiday, the 

draw need not open from 9:15 a.m. to 

2:30 p.m. on the third Sunday of March 

of every year. Two hours advance notice 

is required for all other openings by 

calling (609) 368–4591. 

The Grassy Sound Channel Bridge, 

mile 1.0, in Middle Township NJ, has a 

vertical clearance in the closed position 

of 15 feet above mean high water. 

Vessels that can transit under the bridge 

without an opening may do so at any 

time. Under this temporary deviation, 

CMCBC will maintain the bridge in the 

closed position to vessels beginning at 

5 a.m. on March 1, 2011 through 5 p.m. 

on April 30, 2011. 

Historically, in the last two years, the 

bridge has not opened during the 

months of March and April. 

The Coast Guard will inform users of 

the waterway through our Local and 

Broadcast Notices to Mariners of the 

closure periods for the bridge so that 

vessels can arrange their transits to 

minimize any impact caused by the 

temporary deviation. 

The drawbridge will open in the event 

of an emergency. Vessels that can pass 

under the bridge without a bridge 

opening may do so at all times. Vessels 

have an alternate route by transiting 

through the nearby Great Channel 

drawbridge, a detour of approximately 

two miles. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: March 3, 2011. 

Waverly W. Gregory, Jr., 

Chief, Bridge Administration Branch, Fifth 

Coast Guard District. 

[FR Doc. 2011–6072 Filed 3–15–11; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2011–0117] 

RIN 1625–AA00 

Safety Zone; Todd Pacific Shipyards 

Vessel Roll-Out, West Duwamish 

Waterway, Seattle, WA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 


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