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.

Proposed Rules Federal Register

68636 

Vol. 79, No. 222 

Tuesday, November 18, 2014 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 1212 

[Document Number AMS–FV–14–0045] 

Honey Packers and Importers 

Research, Promotion, Consumer 

Education and Information Order; 

Assessment Rate Increase 

AGENCY: Agricultural Marketing Service. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule invites 

comments on amending the Honey 

Packers and Importers Research, 

Promotion, Consumer Education and 

Information Order (Order) to increase 

the assessment rate from $0.01 per 

pound to $0.015 per pound on honey 

and honey products, over a two-year 

period. The Order limits an increase in 

the assessment rate to no more than onequarter cent per year. Thus, the rate 

would increase to $0.0125 per pound for 

the period January 1 through December 

31, 2015, and to $0.015 per pound on 

and after January 1, 2016. The Order is 

administered by the Honey Packers and 

Importers Board (Board) with oversight 

by the U.S. Department of Agriculture 

(USDA). Under the program, 

assessments are collected from first 

handlers (packers) and importers and 

used for research and promotion 

projects designed to maintain and 

expand the market for honey and honey 

products in the United States and 

abroad. Additional funds would allow 

the Board to expand its production 

research activities and promotional 

efforts. The Boards production research 

focuses on maintaining the health of 

honey bee colonies. Increasing demand 

for honey and honey products would 

benefit the honey industry as a whole. 

This action also makes three additional 

changes to: Clarify that the assessment 

rate applies not only to the Harmonized 

Tariff Schedule numbers but to any 

other numbers used to identify honey; 

change the length of time that books and 

records are to be held; and change the 

exemption requirements. 

DATES: Comments must be received by 

December 18, 2014. 

ADDRESSES: Interested persons are 

invited to submit written comments 

concerning this proposal. Comments 

may be submitted on the Internet at: 

http://www.regulations.gov or to the 

Promotion and Economics Division, 

Fruit and Vegetable Program, AMS, 

USDA, 1400 Independence Avenue 

SW., Room 1406–S, Stop 0244, 

Washington, DC 20250–0244. 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, including name and address, 

if provided, in the above office during 

regular business hours or it can be 

viewed at http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Patricia A. Petrella, Marketing 

Specialist, Promotion Division and 

Economics, Fruit and Vegetable 

Program, AMS, USDA, 1400 

Independence Avenue SW., Room 

1406–S, Stop 0244, Washington, DC 

20250–0244; telephone: (301) 334–2891; 

or electronic mail: Patricia.Petrella@

ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This 

proposed rule is issued under the Order 

(7 CFR part 1212). The Order is 

authorized under the Commodity 

Promotion, Research, and Information 

Act of 1996 (1996 Act) (7 U.S.C. 7411– 

7425). 

Executive Order 12866 and Executive 

Order 13563 

Executive Orders 12866 and 13563 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts and equity). 

Executive Order 13563 emphasizes the 

importance of quantifying both costs 

and benefits, reducing costs, 

harmonizing rules and promoting 

flexibility. This action has been 

designated as a ‘‘non-significant 

regulatory action’’ under section 3(f) of 

Executive Order 12866. Accordingly, 

the Office of Management and Budget 

(OMB) has waived the review process. 

Executive Order 13175 

This action has been reviewed in 

accordance with the requirements of 

Executive Order 13175, Consultation 

and Coordination with Indian Tribal 

Governments. The review reveals that 

this regulation would not have 

substantial and direct effects on Tribal 

governments and would not have 

significant Tribal implications. 

Executive Order 12988 

This proposed rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. It is not intended to 

have retroactive effect. Section 524 of 

the 1996 Act provides that it 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 1996 Act, a 

person subject to an order may file a 

written 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 request 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 1996 Act 

provides that the district court of the 

United States for any district in which 

the petitioner resides or conducts 

business shall have 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 the entry of USDA’s final ruling. 

Background 

This proposed rule invites comments 

on amending the Order to increase the 

assessment rate from $0.01 to $0.015 per 

pound on honey and honey products 

over a two-year period. The Order limits 

an increase in the assessment rate to no 

more than one-quarter cent per year. 

Thus, the rate would increase to $0.0125 

per pound for the period January 1 

through December 31, 2015, and to 

$0.015 per pound on and after January 

1, 2016. The Order is administered by 


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 79, No. 222 / Tuesday, November 18, 2014 / Proposed Rules 68637 

the Board with oversight by USDA. 

Under the program, assessments are 

collected from first handlers and 

importers and used for research and 

promotion projects designed to maintain 

and expand the market for honey and 

honey products in the United States and 

abroad. Additional funds would enable 

the Board to expand its production 

research activities and promotional 

efforts. The Board’s production research 

focuses on maintaining the health of 

honey bee colonies. Promotional efforts 

focus on the innovative ways to market, 

promote, and utilize honey and honey 

products. Increasing demand for honey 

and honey products would benefit the 

honey industry as a whole. This action 

was unanimously recommended by the 

Board. 

The Order specifies that the funds to 

cover the Board’s expenses shall be paid 

from assessments on first handlers and 

importers, donations from persons not 

subject to assessments, and from other 

funds available to the Board. First 

handlers are required to file reports and 

maintain records on the total quantity of 

honey and honey products acquired 

during the reporting period, the quantity 

of honey processed for sale from the 

handler’s own production, and the 

quantity of honey purchased from a 

handler or importer responsible for 

paying the assessment due. Importers 

are required to report the total quantity 

of honey and honey products imported 

during each reporting period, and keep 

a record of each lot of honey and honey 

products imported during such period, 

including the quantity, date, country of 

origin, and port of entry. Importers are 

responsible for paying assessments to 

the Board on honey and honey products 

imported into the United States through 

the U.S. Customs and Border Protection 

(Customs). The Order also provides for 

two exemptions. First handlers who 

handle less than 250,000 pounds and 

importers who import less than 250,000 

pounds of honey and honey products 

annually, and first handlers and 

importers of 100 percent organic honey 

and honey products are exempt from the 

payment of assessments. 

Section 1212.52 of the Order specifies 

that assessments shall be levied at a rate 

of $0.01 per pound on all honey and 

honey products. The Board may 

recommend to the Secretary an increase 

or decrease in the assessment as it 

deems appropriate by at least a twothirds vote of members present at a 

meeting of the Board. The Board may 

not recommend an increase in the 

assessment of more than $0.02 per 

pound of honey or honey products and 

may not increase the assessment by 

more than $0.0025 in any single fiscal 

year. 

The $0.01 per pound assessment rate 

has been in effect since the Order’s 

inception in 2008. The Board’s fiscal 

year runs from January 1 through 

December 31. Board expenditures have 

ranged from $4,157,250 for its first full 

year in 2009 to $4,556,490 in 2013. 

Expenditures for research have ranged 

from $465,579 in 2009 (11 percent of 

total expenses) to $231,234 in 2013 (5 

percent of total expenses). Board 

expenditures for health messaging and 

promotion activities have ranged from 

$2,311,370 in 2009 (56 percent of total 

expenses) to $2,859,743 in 2013 (63 

percent of total expenses). Pursuant to 

section 1212.50(h) of the Order, 

administrative expenditures have been 

less than 15 percent of total expenses 

annually. 

Board assessment income has ranged 

from $3,345,543 in 2009 ($2,085,204 in 

domestic assessments and $1,260,339 in 

import assessments) to $4,443,798 in 

2013 ($1,122,390 in domestic 

assessments and $3,321,408 in import 

assessments). Additionally, pursuant to 

section 1212.54 of the Order, the Board 

maintains a monetary reserve with 

funds that do not exceed one fiscal 

period’s budget. 

Board 2013 Recommendation 

The Board held a teleconference on 

January 23, 2014, and unanimously 

recommended increasing its assessment 

rate from $0.01 to $0.015 per pound on 

honey and honey products over a twoyear period. The Order limits an 

increase in the assessment rate to no 

more than one-quarter cent per year. 

Thus, the rate would increase to $0.0125 

per pound for the period January 1 

through December 31, 2015, and to 

$0.015 per pound on and after January 

1, 2016. Additional funds would enable 

the Board to expand its production 

research activities and promotional 

efforts. Since the program’s inception, 

the Board has funded several 

production research projects focused on 

maintaining the health of honey bee 

colonies. The honey industry continues 

to experience considerable production 

challenges associated with the Colony 

Collapse Disorder. The honey industry 

has attempted to halt the long term 

decline in the numbers of honeybees 

(over 30 percent in the past twenty 

years) through treatment, colony 

development, maintenance, and 

replacement. The funds generated by an 

assessment increase would be spent on 

conducting research activities designed 

to address these critical issues. Per 

section 1212.50(a) of the Order, five 

percent (5 percent) of the Board’s 

anticipated revenue from assessments 

each fiscal period is to be allocated 

towards production research and 

research related to the production of 

honey. A possible one to two million 

dollar increase in assessment revenue 

would generate an additional $50,000 to 

$100,000 for production research. 

Furthermore, the Board also conducts 

research relating to various health and 

beauty issues, including alternative uses 

for honey. However, most of these 

preliminary findings have been done 

under laboratory conditions. Additional 

funds would allow the Board to 

incorporate specific areas of research 

into expanded clinical (human) trials. 

Clinical trials are important for the 

industry to be able to make health 

claims consistent with Federal Trade 

Commission and Food and Drug 

Administration requirements. 

The Board uses health information in 

its promotion messaging to help build 

demand for honey and honey products. 

Worldwide honey production has grown 

from 357 million pounds in 2009 to 487 

million pounds in 2013. Increasing 

demand would help move the growing 

supply of honey, which in turn would 

assist the Board in reaching its goal to 

continually increase consumption 

among existing honey and honey 

product consumers and to attract new 

honey and honey product users. 

At the proposed increased assessment 

rate on honey and honey products, with 

assessable pounds averaging 450 million 

per year, assessment income could 

reach $5.6 million in 2015 and $6.8 

million in 2016. This increase could be 

used for research and promotion 

projects designed to maintain and 

expand the market for honey and honey 

products in the United States and 

abroad. As an example, if 5 percent of 

the budget was allocated to production 

research and 60 percent was allocated to 

promotion, funds available for 

production research could average 

approximately $340,000 annually, up 

from $231,234 in 2013, and funds 

available for health messaging and 

promotion could average $4 million 

annually, up from $2.8 million in 2013. 

In light of the need to allocate more 

funds towards production and health 

research activities and build demand for 

honey, the Board recommended 

increasing the assessment rate under the 

Order from $0.01 to $0.015 per pound 

on honey and honey products over a 

two-year period. The Order limits an 

increase in the assessment rate to no 

more than one-quarter cent per year. 

Thus, the rate would increase to $0.0125 

per pound for the period January 1 

through December 31, 2015, and to 

$0.015 per pound on and after January 


tkelley on DSK3SPTVN1PROD with PROPOSALS
68638 Federal Register / Vol. 79, No. 222 / Tuesday, November 18, 2014 / Proposed Rules 

1Honey, March 2014, USDA, National 

Agricultural Statistics Service, p. 3. 

1, 2016. Section 1212.52 of the Order is 

proposed to be amended accordingly. 

Paragraph (e) of section 1212.52 would 

also be revised to clarify that the 

assessment rate applies not only to the 

listed Harmonized Tariff Schedule of 

the United States (HTSUS) numbers, but 

also any other numbers that may be 

used to identify honey or honey 

products in the event the HTSUS 

numbers change; this change has no 

impact on the assessment rate. 

The Board also proposed changes for 

two additional sections of the Order. 

Section 1212.71 of the Order would be 

revised to change the length of time that 

books and records are to be held from 

two years to three years. This change is 

proposed to conform with the Board’s 

compliance procedures, which provides 

that the Board conduct audit reviews 

every three years. Section 1212.53 of the 

Order would be revised to state that 

exemptions from assessments for a 

calendar year are effective on the date 

approved by the Board. This change is 

being made to clarify exemption 

requirements. These changes will pose 

no additional information collection 

burden on honey first handlers and 

importers. 

Initial Regulatory Flexibility Act 

Analysis 

In accordance with the Regulatory 

Flexibility Act (RFA) (5 U.S.C. 601– 

612), AMS is required to examine the 

impact of the proposed rule on small 

entities. Accordingly, AMS has 

considered the economic impact of this 

action on small entities. 

The purpose of the RFA is to fit 

regulatory actions to the scale of 

businesses subject to such actions so 

that small businesses will not be 

disproportionately burdened. The Small 

Business Administration defines, in 13 

CFR Part 121, small agricultural 

producers as those having annual 

receipts of no more than $750,000 and 

small agricultural service firms (first 

handlers and importers) as those having 

annual receipts of no more than $7.0 

million. 

There are 661 importers and 42 first 

handlers of honey and honey products 

covered under the program. Seventeen 

out of the 42 first handlers (40 percent) 

and 21 out of the 661 importers (3 

percent) accounted for 90 percent of the 

assessments in their respective 

categories. Total assessments for 2013 

were $4.44 million, of which $1.12 

million (25 percent) came from first 

handlers and $3.32 million (75 percent) 

was paid by importers. Dividing the 

honey production value for 2013 

reported by the National Agricultural 

Statistics Service (NASS) of 

$317,087,000 1 by the number of first 

handlers (42) yields an average annual 

producer revenue estimate of 

$7,549,690. It is estimated that in 2013, 

about 60 percent of the first handlers 

handled less than $7 million worth of 

honey and honey products. Based on 

2013 Customs data, it is estimated that 

90 percent of the importers shipped 

more than $7 million worth of honey 

and honey products. 

This data can be used to compute an 

estimate of average annual revenue from 

honey sales from each of these 

categories, which in turn helps to 

estimate the number of large and small 

first handlers and importers. As 

mentioned above, 17 first handlers 

account for 90 percent of the domestic 

assessments. Multiplying first handler 

assessments of $1,122,390 by 0.9 and 

then dividing by 17 yields an average 

annual assessment of $59,421 for the 

first handlers in this category. With an 

assessment rate of one cent per pound, 

average quantity per first handler is 

5.942 million pounds. Multiplying 

5.942 million pounds by the NASS 

average 2013 U.S. domestic price of 

$2.12 per pound yields an average, 

annual honey revenue per packer of 

$12.60 million, which is well above the 

SBA threshold of $7 million. Therefore 

most of the 17 first handlers that pay 90 

percent of the domestic assessments are 

likely to be large firms according to the 

SBA definition. 

An equivalent computation can be 

made for the 21 importers who paid 90 

percent of the $3,321,408 in assessments 

in 2013. Of the 21 importers, the average 

assessment per importer was $142,346 

and the average quantity was 14.235 

million. For honey imports, the 

equivalent of the season average price 

for domestic honey is referred to as a 

‘‘unit value.’’ The unit value of $1.42 

per pound is computed by dividing 

annual imported honey value of $480.25 

million pounds by average quantity of 

337.05 million pounds (import data 

from the U.S. Census Bureau). 

Multiplying the $1.42 unit value by the 

average quantity of 14.235 million 

pounds yields average annual honey 

revenue per importer figure of $20.21 

million, nearly three times the SBA 

threshold figure of $7 million for a large 

firm. Therefore the majority of the 21 

importers that pay 90 percent of the 

assessments are large firms, according to 

the SBA definition. 

Comparable computations can be 

made to determine the average 2013 

honey revenue for the 25 first handlers 

and 640 importers that paid 10 percent 

of the assessments in the first handler 

and importer categories. The first 

handler and importer average annual 

honey revenue figures are 

approximately $960,000 and $75,000, 

respectively, indicating that the vast 

majority are small businesses (in terms 

of honey sales), under the SBA large 

business threshold of $7 million in 

annual sales. 

Based on the foregoing, the majority 

of first handlers and importers may be 

classified as small entities. 

This proposed rule invites comments 

on amending section 1212.52 of the 

Order to increase the assessment rate 

from $0.01 to $0.015 per pound (an 

increase of $0.0025 per pound over a 

two year period). The Order is 

administered by the Board with 

oversight by USDA. Under the program, 

assessments are collected from first 

handlers and importers and used for 

research and promotion projects 

designed to maintain and expand the 

market for honey and honey products in 

the United States and abroad. 

Additional funds would enable the 

Board to expand its production research 

activities and promotional efforts. The 

Board uses its health information in its 

promotion messaging to help build 

demand. Increasing demand would help 

move the growing supply of honey and 

honey products, which would benefit 

producers, importers, first handlers, and 

consumers. Authority for this action is 

provided in section 1212.52(f) of the 

Order and section 517 of the 1996 Act. 

The Board also proposed changes for 

two additional sections of the Order. 

Section 1212.71 of the Order would be 

revised to change the length of time that 

books and records are to be held from 

two years to three years. This change is 

proposed to conform with the Board’s 

compliance procedures, which instructs 

the Board to conduct audit reviews 

every three years. Section 1212.53 of the 

Order would be revised to state that 

exemptions from assessments for a 

calendar year are effective on the date 

approved by the Board. This change is 

being made to clarify exemption 

requirements. These changes pose no 

additional information collection 

burden on honey first handlers and 

importers. 

Regarding the economic impact of the 

proposed rule on affected entities, this 

action would increase the assessment 

obligation on first handlers and 

importers. While assessments impose 

additional costs on first handlers and 

importers, the costs are minimal and 

uniform on all. The costs would also be 

offset by the benefits derived from the 

operation of the program. It is estimated 


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 79, No. 222 / Tuesday, November 18, 2014 / Proposed Rules 68639 

that 42 first handlers and 661 importers 

pay assessments under the program. 

There has been one economic study 

conducted since the Order’s inception 

that evaluated the effectiveness of the 

Board’s promotion program. The study 

was conducted by Dr. Ronald M. Ward 

at the University of Florida in 2014 and 

titled ‘‘Honey Demand and the Impact 

of the National Honey Board’s Generic 

Promotion Program.’’ This study may be 

obtained from http://

www.ams.usda.gov/. The 2014 study 

included data from 1987 through 2012, 

and evaluated the effectiveness of the 

former Honey Research, Promotion, and 

Consumer Information Order, and the 

current honey marketing program. The 

earlier honey program operated from 

1986 through 2008, as a producer 

program. The earlier program was 

replaced in 2008 with the current 

packer and importer program; producers 

are no longer directly subject to the 

mandatory assessment. Otherwise, the 

two programs are similar, including the 

administrative and operational 

oversight. 

The purpose of the economic study 

was twofold: (1) To determine the 

market implications of the Board’s 

promotion program and (2) to determine 

a return-on-investment (rate of return) 

for the promotion activities conducted 

by the Board. 

To evaluate the effectiveness of the 

Board’s domestic promotion activities, 

econometric models were developed for 

each of two distinct honey market 

segments: Manufacturing (honey used as 

an ingredient) and non-manufacturing 

(table honey). The models measured the 

impact of the Board’s annual promotion 

expenditures while taking into account 

the impact of other factors that 

influence demand. 

For the non-manufacturing model, the 

other factors were domestic supplies of 

honey, personal income, and the 

historical support price for honey. For 

the manufacturing model, the other 

factors were the quantity of sugar used 

in food manufacturing (as a proxy 

measure of the overall demand for 

sweeteners, including honey), and a 

variable which captured the structural 

change in the honey market that began 

in 2007, when the market share of 

honey imports began to increase 

significantly. The manufacturing model 

using Board expenditure lagged one 

year because Board promotion 

expenditure in the prior year was found 

to have the most significant impact on 

honey manufacturing demand in the 

current year. 

Due to differences in data availability, 

the manufacturing model covered the 

time period of 1965 through 2012 and 

the non-manufacturing model spanned 

1987 through 2012. 

The econometric models used 

statistical methods to analyze annual 

data over these time periods and 

measure how strongly the various honey 

demand factors affect (a) the quantity of 

honey as an ingredient (manufacturing 

model) and (b) the price for table honey 

(non-manufacturing model). In both 

models, Board program expenditures 

were found to have a positive and 

statistically significant impact on 

demand. The models had reasonably 

strong explanatory power, with 80 

percent of the variation in quantity 

demanded explained by the 

independent variables in the 

manufacturing model, and 89 percent of 

the variation in price explained by the 

non-manufacturing model variables. 

The return on investment (ROI) for 

honey promotion was obtained by 

dividing the increased value of honey 

sales (for the two market segments 

combined) by Board program 

expenditures. The ROI for Board 

programs for the period 1987 to 2012 

was 14.12, meaning $14.12 in returns 

(increased honey value) for every $1 

spent on promotion. The results were 

similar for 2008 through 2012, the 

period covered by the new program 

funded by honey first handlers and 

importers. 

An additional step in assessing 

promotional program effectiveness was 

to analyze the potential impact of 

alternative honey promotion spending 

levels. The two demand models were 

used to simulate gains for various 

percentages of actual 2012 promotional 

expenditures. The results show a range 

of increased honey demand impacts 

from increased spending, depending on 

alternative assumptions about the level 

of honey price and honey quantity. The 

simulation results suggest that a 50 

percent increase in Board promotional 

expenditure would yield an additional 

$29 million in honey sales, if quantity 

demanded increased, but prices stayed 

the same. Alternatively, crop value 

would increase $44 million if prices 

went up but quantity stayed the same. 

Returns on investment were 14 or 

higher over this range of alternative 

assumptions about market conditions. 

These results were similar to the ROI 

cited earlier. Focusing on 2012 

illustrates the effectiveness of the 

program under the funding mechanism 

that began in 2008. 

In accordance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

Chapter 35), the information collection 

and recordkeeping requirements that are 

imposed by the Order have been 

approved previously under OMB 

control number 0581–0093. This 

proposed rule would not result in a 

change to the information collection and 

recordkeeping requirements previously 

approved and would impose no 

additional reporting and recordkeeping 

burden on honey first handlers and 

importers. 

As with all Federal promotion 

programs, reports and forms are 

periodically reviewed to reduce 

information requirements and 

duplication by industry and public 

sector agencies. Finally, USDA has not 

identified any relevant Federal rules 

that duplicate, overlap, or conflict with 

this proposed rule. 

AMS is committed to complying with 

the E-Government Act, to promote the 

use of the Internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. 

The Board has been considering an 

increase in the assessment rate since 

2011. The Board explored the need and 

justification for an increase as well as 

obtained feedback from the Board’s 

stakeholders. Additionally, beginning 

2011, the Board has done extensive 

outreach to include presentations, 

handouts, and industry meeting 

attendance. As an alternative to an 

assessment rate increase, the Board 

considered cutting programs. The Board 

reduced honey research in order to 

maintain marketing programs and 

considered cutting additional marketing 

programs. However, after further 

analysis, it was determined that 

additional cuts would hurt the program. 

Late 2013, the Board presented the 

proposed assessment increase to the 

various honey associations. Ultimately, 

at its January 2014 meeting, the Board 

unanimously recommended increasing 

the assessment rate to $0.0125 per 

pound for the first year (January 1 

through December 31, 2015) and to 

$0.015 per pound for the second year 

and beyond (on and after January 1, 

2016). 

While USDA has performed this 

initial RFA analysis regarding the 

impact of the proposed rule on small 

entities, in order to have as much data 

as possible for a more comprehensive 

analysis, we invite comments 

concerning potential effects. USDA is 

also requesting comments regarding the 

number and size of entities covered 

under the proposed Order. 

While this proposed rule set forth 

below has not received the approval of 

USDA, it has been determined that it is 

consistent with and would effectuate 

the purposes of the 1996 Act. 


tkelley on DSK3SPTVN1PROD with PROPOSALS
68640 Federal Register / Vol. 79, No. 222 / Tuesday, November 18, 2014 / Proposed Rules 

A 30-day comment period is provided 

to allow interested persons to respond 

to this proposal. Thirty days is deemed 

appropriate because this action needs to 

be in place as soon as possible so the 

Board can begin to collect the additional 

funds for research and promotional 

activities designed to maintain and 

expand the market for honey and honey 

products in the United States and 

abroad. All written comments received 

in response to this proposed rule by the 

date specified will be considered prior 

to finalizing this action. 

List of Subjects in 7 CFR Part 1212 

Administrative practice and 

procedure, Advertising, Consumer 

information, Honey Packer and Importer 

promotion, Marketing agreements, 

Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, Part 1212, Chapter XI of Title 

7 is proposed to be amended as follows: 

PART 1212—HONEY PACKERS AND 

IMPORTERS RESEARCH, 

PROMOTION, CONSUMER 

EDUCATION AND INDUSTRY 

INFORMATION ORDER 

■ 1. The authority citation for 7 CFR 

part 1212 continues to read as follows: 

Authority: 7 U.S.C. 7411–7425; 7 U.S.C. 

7401. 

■ 2. In § 1212.52, paragraphs (a), (b), (c), 

(d) and (e) are revised to read as follows: 

§ 1212.52 Assessments. 

(a) The Board will cover its expenses 

by levying in a manner prescribed by 

the Secretary an assessment on first 

handlers and importers. For the period 

January 1 through December 31, 2015, 

the assessment rate shall be $0.0125 per 

pound of assessable honey and honey 

products. On and after January 1, 2016, 

the assessment rate shall be $0.015 per 

pound of assessable honey and honey 

products. 

(b) Each first handler shall pay the 

assessment to the Board on all 

domestically produced honey or honey 

products the first handler handles. A 

producer shall pay the Board the 

assessment on all honey or honey 

products for which the producer is the 

first handler. 

(c) Each first handler responsible for 

remitting assessments shall remit the 

amounts due to the Board’s office on a 

monthly basis no later than the fifteenth 

day of the month following the month 

in which the honey or honey products 

were marketed. 

(d) Each importer shall pay an 

assessment to the Board on all honey or 

honey products the importer imports 

into the United States. An importer 

shall pay the assessment to the Board 

through the United States Customs and 

Border Protection (Customs) when the 

honey or honey products being assessed 

enters the United States. If Customs 

does not collect an assessment from an 

importer, the importer is responsible for 

paying the assessment to the Board. 

(e) The import assessment 

recommended by the Board and 

approved by the Secretary shall be 

uniformly applied to imported honey or 

honey products that are identified as 

HTS heading numbers 0409.00.00 and 

2106.90.9988 by the Harmonized Tariff 

Schedule of the United States or any 

other numbers used to identify honey or 

honey products. 

* * * * * 

■ 3. In § 1212.53, paragraph (d) is 

revised to read as follows: 

§ 1212.53 Exemption from assessment. 

* * * * * 

(d) Upon receipt of an application, the 

Board shall determine whether an 

exemption may be granted. The Board 

will then issue, if deemed appropriate, 

a certificate of exemption to each person 

who is eligible to receive one. The 

exemption is effective when approved 

by the Board. It is the responsibility of 

these persons to retain a copy of the 

certificate of exemption. 

* * * * * 

■ 4. Section 1212.71 is revised to read 

as follows: 

§ 1212.71 Books and records. 

Each first handler and importer, 

including those who are exempt under 

this subpart, must maintain any books 

and records necessary to carry out the 

provisions of this part, and any 

regulations issued under this part, 

including the books and records 

necessary to verify any required reports. 

Books and records must be made 

available during normal business hours 

for inspection by the Board’s or 

Secretary’s employees or agents. A first 

handler or importer must maintain the 

books and records for three years 

beyond the fiscal period to which they 

apply. 

Dated: November 13, 2014. 

Rex A. Barnes, 

Associate Administrator. 

[FR Doc. 2014–27253 Filed 11–17–14; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF THE INTERIOR 

National Park Service 

36 CFR Part 79 

[NPS–WASO–CR–16170; PPWOCRADI0, 

PCU00RP14R50000] 

RIN 1024–AE17 

Curation of Federally-Owned and 

Administered Archeological 

Collections 

AGENCY: National Park Service, Interior. 

ACTION: Proposed rule. 

SUMMARY: The National Park Service 

proposes to amend the regulations for 

the curation of federally-owned and 

administered archeological collections 

to establish definitions, standards, and 

procedures to dispose of particular 

material remains that are determined to 

be of insufficient archaeological interest. 

This rule would promote more efficient 

and effective curation of these 

archeological collections. 

DATES: Comments must be received by 

February 17, 2015. 

ADDRESSES: You may submit comments, 

identified by Regulation Identifier 

Number (RIN) 1024–AE17, by any of the 

following methods: 

• Federal eRulemaking portal: http:// 

www.regulations.gov. Follow 

instructions for submitting comments. 

• Mail to: Stanley C. Bond, 

Departmental Consulting Archeologist, 

National Park Service, Docket No. 1024– 

AE17, 1201 Eye Street NW., 7th Floor 

(2275), Washington, DC 20005. 

• Hand deliver to: Stanley C. Bond, 

Departmental Consulting Archeologist, 

1201 Eye Street NW., Room 760, 

Washington, DC 20005. 

Instructions: All submissions received 

must include the agency name and 

docket number or RIN for this 

rulemaking. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http://

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

David A. Gadsby, Archeology Program, 

National Park Service, 1201 Eye Street 

NW., Washington, DC 20005, 202–354– 

2101, email: david_gadsby@nps.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Statutory Authority and Jurisdiction 

The Archaeological Resources 

Protection Act (ARPA; 16 U.S.C. 470aa– 

mm) authorizes the Secretary of the 

Interior to promulgate regulations for 

the disposition of archaeological 


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