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[Federal Register Volume 76, Number 51 (Wednesday, March 16, 2011)]
[Rules and Regulations]
[Pages 14278-14279]
From the Federal Register Online via the Government Printing 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 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

[[Page 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
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