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[Federal Register: November 9, 2010 (Volume 75, Number 216)]
[Proposed Rules]               
[Page 68728]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09no10-22]                         

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Proposed Rules
                                                Federal Register
________________________________________________________________________

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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[[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being withdrawn.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 kimberly.coy@ams.usda.gov.

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
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