This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

17767 

Vol. 74, No. 73 

Friday, April 17, 2009 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 1240 

[Document Number AMS–FV–09–0006; FV– 

09–701] 

Honey Research, Promotion, and 

Consumer Information Order; 

Termination 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule; termination order. 

SUMMARY: This final rule terminates the 

Honey Research, Promotion, and 

Consumer Information Order (Honey 

Order) and its rules and regulations in 

their entirety. The Department 

previously proposed termination of the 

Honey Order because of the duplicative 

nature of the Honey Order with the new 

honey packers and importers program. 

This action is necessary because the 

results of a referendum conducted 

among honey first handlers and 

importers between April 2 and April 16, 

2008, favored implementation of a new 

honey packers and importers program, 

and that program is now in effect. 

Therefore, termination of the Honey 

Order is appropriate. 

DATES: Effective Date: April 20, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Kathie Notoro, Marketing Specialist, 

Research and Promotion Branch, Fruit 

and Vegetable Programs, AMS, USDA, 

Stop 0244, Room 0632–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 

kathie.notoro@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This final 

rule is issued under the Honey 

Research, Promotion and Consumer 

Information Act [7 U.S.C. 4601–4613] 

(Act). 

This rule has been determined to be 

not significant for purposes of Executive 

Order 12866 and, therefore, has not 

been reviewed by the Office of 

Management and Budget. 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. This rule is not intended to 

have retroactive effect. This rule will 

not preempt any State or local laws, 

regulations, or policies, unless they 

present an irreconcilable conflict with 

this rule. 

This final rule terminates the Honey 

Order and its rules and regulations. The 

Act, which became effective in October 

1984, authorized the creation of a 

program of promotion and information 

for honey and honey products. The 

National Honey Board was appointed to 

administer the Honey Order under the 

Department’s supervision. The Honey 

Order covered an estimated 2,000 

producers and 659 importers of honey 

and honey products. 

The National Honey Packers and 

Dealers Association submitted a 

proposal for a Honey Packers and 

Importers Research, Promotion, 

Consumer Education and Industry 

Information Order (Packers Order) in 

2006. 

A proposed Packers Order was 

published in the Federal Register on 

June 4, 2007 [72 FR 30924], with a 60- 

day request for comment period which 

ended on August 3, 2007. That rule also 

proposed termination of the Honey 

Order and regulations in 7 CFR part 

1240 if the Packers Order was 

implemented. Honey associations and 

related honey industry media received 

news releases and other information 

regarding the proposed implementation 

of the Packers Order and termination of 

the Honey Order. 

After reviewing all timely comments 

received, a second proposed rule and 

referendum order was published in the 

Federal Register on March 3, 2008 [73 

FR 11470]. Also, a final rule concerning 

referendum procedures was published 

in the Federal Register the same day. 

First handlers and importers who 

handled 250,000 pounds or more of 

honey or honey products, during the 

period from January 1, 2007, through 

December 31, 2007, were eligible to vote 

in the April 2–16, 2008, referendum to 

determine if they favored 

implementation of the Packers Order. 

Seventy-eight percent of those voting in 

the referendum, covered under the 

Packers Order, representing ninety-two 

percent of the volume who voted in the 

referendum, approved the new program. 

With the implementation of the Packers 

Order, the Honey Order would be 

terminated as soon as practicable. 

In accordance with section 1240.63, of 

the Honey Order, the Board 

recommended to the Secretary five of its 

members to serve as trustees for the 

purpose of liquidating the affairs of the 

Board. These trustees were designated 

by the Secretary and became responsible 

for all funds and property then in 

possession or under control of the 

Board, including claims for any funds 

unpaid or property not delivered or any 

other claim existing at the time of the 

final audit. Further, the Department 

published a suspension of the collection 

of assessments under the Honey Order 

and a final rule establishing the Packers 

Order in the Federal Register on May 

21, 2008 [73 FR 29390]. The other 

provisions of the Honey Order remained 

in effect in order to facilitate the five 

trustees’ ability to liquidate the assets 

and terminate the Honey program after 

a final audit was conducted. A final 

audit was conducted on January 14, 

2009. 

Therefore, this final rule terminates 

all provisions of the Honey Order and 

its rules and regulations. 

Regulatory Flexibility Analysis 

In accordance with the Regulatory 

Flexibility Act (RFA) (5 U.S.C. 601– 

612), the Agricultural Marketing Service 

(AMS) is required to examine the 

impact of the rule 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. 

Under the Honey Order, 

approximately 2,000 producers and 659 

importers of honey and honey products 

paid assessments. Approximately 45 

handlers were also covered for 

recordkeeping and reporting 

requirements. 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 million or 

less. Using these criteria under the 

Honey Order, most producers, first 

handlers, cooperative organizations and 


dwashington3 on PROD1PC60 with RULES
17768 Federal Register / Vol. 74, No. 73 / Friday, April 17, 2009 / Rules and Regulations 

other nominating organizations would 

be considered small businesses, while 

most importers and exporters would 

not. Cooperative and other nominating 

organizations would be expected to 

generally reflect the size of the entities 

that they represent. 

Taking into account the duplicative 

nature of the new Packers Order with 

the Honey Order, the Department 

previously suspended assessment 

collection under the Honey Order on 

May 21, 2008. This action will now 

terminate all of the provisions of the 

Honey Order and regulations issued 

thereunder and remove the regulatory 

impact on all entities subject to the 

requirements of the Honey Order and its 

regulations. 

In accordance with the Paperwork 

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

Chapter 35], the information collection 

requirements under the Honey Order 

were approved by the Office of 

Management and Budget (OMB) and 

assigned OMB numbers 0581–0093 and 

0581–0001. When assessment 

collections were terminated on May 21, 

2008, these information collection 

requirements were also suspended. Now 

that the Honey Order is being 

terminated, these requirements also are 

eliminated. The costs and burden on the 

industry associated with these 

requirements are also eliminated. 

Termination Order 

Taking into account the duplicative 

nature of the Packers Order with the 

Honey Order, it is found that the current 

Honey Order issued under the Honey 

Research, Promotion and Consumer 

Information Act does not tend to 

effectuate the purposes of the Act. It is 

therefore ordered, that pursuant to 

section 13 of the Act, the Honey Order, 

and its rules and regulations [7 CFR part 

1240] are hereby terminated. 

Pursuant to 5 U.S.C. 553, it is also 

found and determined that good cause 

exists for not postponing the effective 

date of this rule until 30 days after 

publication in the Federal Register 

because: (1) The assets of the Honey 

Board have been liquidated, and (2) a 

final audit of the Board’s books has been 

conducted. 

List of Subjects in 7 CFR Part 1240 

Administrative practice and 

procedure, Advertising, Consumer 

information, Marketing agreements, 

Honey promotion, Reporting and 

recordkeeping requirements. 

PART 1240—[REMOVED] 

■ For the reasons set forth in the 

preamble, and under the authority of 7 

U.S.C. 4601–4613, 7 CFR part 1240 is 

removed. 

Dated: April 13, 2009. 

Robert C. Keeney, 

Acting Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. E9–8852 Filed 4–16–09; 8:45 am] 

BILLING CODE 

FEDERAL RESERVE SYSTEM 

12 CFR Part 230 

[Regulation DD; Docket No. R–1315] 

Truth in Savings; Correction 

AGENCY: Board of Governors of the 

Federal Reserve System (Board). 

ACTION: Final rule; technical correction. 

SUMMARY: On January 29, 2009, the 

Board published final rules amending 

Regulation DD, which implements the 

Truth in Savings Act, and the official 

staff commentary to the regulation. The 

final rule, among other things, requires 

all depository institutions to disclose 

aggregate overdraft fees on periodic 

statements, and not solely institutions 

that promote the payment of overdrafts. 

However, the document published in 

the Federal Register on January 29, 

2009 contains a technical error in the 

formatting of the sample form 

illustrating how institutions may 

comply with this requirement. To 

correct this error, this document 

republishes the appropriate sample 

form. 

DATES: This correction is effective 

January 1, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Dana E. Miller, Attorney, Vivian W. 

Wong, Senior Attorney, or Ky TranTrong, Counsel, Division of Consumer 

and Community Affairs, Board of 

Governors of the Federal Reserve 

System, 20th and C Streets, NW., 

Washington, DC 20551, at (202) 452– 

3667 or (202) 452–2412. For users of a 

Telecommunications Device for the Deaf 

(TDD) only, contact (202) 263–4869. 

SUPPLEMENTARY INFORMATION: On 

January 29, 2009, the Board published 

final rules amending Regulation DD, 

which implements the Truth in Savings 

Act, and the official staff commentary to 

the regulation. The final rule, among 

other things, requires all depository 

institutions to disclose aggregate 

overdraft fees on periodic statements, 

and not solely institutions that promote 

the payment of overdrafts. However, the 

document published in the Federal 

Register on January 29, 2009 contains a 

technical error in the formatting of the 

sample form illustrating how 

institutions may comply with this 

requirement. To correct this error, this 

document republishes the appropriate 

sample form. 

Basis for the Corrections 

The Board is issuing this technical 

correction as a final rule that will be 

effective upon publication in the 

Federal Register. The Administrative 

Procedure Act (the Act) provides that 

notice and comment procedures do not 

apply if the agency for good cause finds 

notice to be ‘‘impracticable, 

unnecessary, or contrary to the public 

interest.’’ The Act also provides that 

notice and comment procedures do not 

apply for interpretive rules. In addition, 

a rule may be made effective less than 

thirty days from publication when an 

agency finds good cause for such action. 

5 U.S.C. 553(b)(A)–(B) and (d)(3). 

The Board finds that the Act does not 

require notice of a proposed rulemaking 

before the final publication of the 

corrected sample form. There is good 

cause to publish the formatting 

requirements without notice and 

comment because these procedures are 

unnecessary. The formatting correction 

to the sample form is a non-substantive 

change to the form. The republication 

merely corrects an error that occurred in 

the printing of the sample form when it 

was originally published. For this same 

reason, the Board finds that there is 

good cause for the rule to take effect 

upon publication. 

In addition, the correction may be 

viewed as interpretative in that the form 

only indicates how the rule should 

apply, and, therefore, a notice of 

proposed rulemaking is not required. 

Paperwork Reduction Act 

This technical correction contains no 

collection of information pursuant to 

the Paperwork Reduction Act. 

■ In the final rule FR Doc. E8–31183 

published in the Federal Register on 

January 29, 2009 (74 FR 5584) make the 

following correction: 

Appendix B to Part 230—[Corrected] 

■ 1. On page 5593, in the third column, 

Form B–10. is corrected to read as 

follows: 

Appendix B to Part 230—Model Clauses 

and Sample Forms 

* * * * * 


dwashington3 on PROD1PC60 with RULES