[Federal Register Volume 72, Number 113 (Wednesday, June 13, 2007)]
[Rules and Regulations]
[Pages 32517-32518]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-11376]



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  Federal Register / Vol. 72, No. 113 / Wednesday, June 13, 2007 / 
Rules and Regulations  

[[Page 32517]]



DEPARTMENT OF AGRICULTURE

Agriculture Marketing Service

7 CFR Part 1215

[Docket No. AMS-FV-07-0022; FV-06-706]


Popcorn Promotion, Research, and Consumer Information Order; 
Section 610 Review

AGENCY: Agricultural Marketing Service.

ACTION: Confirmation of regulations.

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SUMMARY: This document summarizes the results of an Agricultural 
Marketing Service (AMS) review of the Popcorn Promotion, Research, and 
Consumer Information Program, under the criteria contained in Section 
610 of the Regulatory Flexibility Act. Based upon its review, AMS has 
determined that the Popcorn Promotion, Research, and Consumer 
Information Order should be continued without change.

ADDRESSES: Interested persons may obtain a copy of the review at 
www.regulations.gov or requests for copies can be sent to the Docket 
Clerk, Research and Promotion Branch, Fruit and Vegetable Programs 
(FV), Agricultural Marketing Service (AMS), USDA, Stop 0244, Room 0634-
S, 1400 Independence Avenue, SW., Washington, DC 20250-0244; telephone 
(202) 720-9915; Fax (202) 205-2800; or e-mail: 
[email protected].

FOR FURTHER INFORMATION CONTACT: Sonia N. Jimenez, Research and 
Promotion Branch, FV, AMS, USDA, Stop 0244, 1400 Independence Avenue, 
SW., Room 0634-S, Washington, DC 20250-0244; telephone: (888) 720-9917; 
fax: (202) 205-2800; or e-mail: 

SUPPLEMENTARY INFORMATION: The Popcorn Promotion, Research, and 
Consumer Information Act of 1996 (Act) (7 U.S.C. 7481 et seq.) 
authorized the Popcorn Promotion, Research, and Consumer Information 
Order (Order) which is industry operated and funded, with oversight by 
USDA. The Order's objective is to carry out an effective and continuous 
coordinated program of research, development, advertising, and 
promotion designed to strengthen popcorns' competitive position, and to 
maintain and expand domestic and foreign markets for popcorn and 
popcorn products.
    The Order (7 CFR Part 1215) became effective on September 1, 1997, 
and was implemented in January 1998 when assessments began. The Popcorn 
Board (Board) collects assessments from processors of over four million 
pounds of popcorn per year, regardless of the country of origin of the 
popcorn. The assessment rate is 6 cents per hundredweight.
    Assessments under this program are used to fund promotional 
campaigns and to conduct research in the areas of U.S. marketing, and 
international marketing and to enable it to exercise its duties in 
accordance with the Order.
    The Order is administered by the Popcorn Board, which is composed 
of nine at-large processors who were appointed by the Secretary of 
Agriculture from nominations submitted by eligible processors. All 
processors of over four million pounds of popcorn annually are eligible 
to participate in the nomination process. All Board members serve terms 
of three years.
    The Agricultural Marketing Service published in the Federal 
Register on March 24, 2006 (71 FR 14828) its plan to review certain 
regulations, including the Order, (conducted under the Popcorn 
Promotion, Research, and Consumer Information Act), under criteria 
contained in Section 610 of the Regulatory Flexibility Act (RFA) (5 
U.S.C. 601-612). Because many AMS regulations impact small entities, 
AMS decided, as a matter of policy, to review certain regulations 
which, although they may not meet the threshold requirement under 
section 610 of the RFA, warranted review.
    AMS published a notice of review and request for written comments 
in the Federal Register on February 27, 2007 (72 FR 8633). The comment 
period ended on April 30, 2007. AMS received two comments. One 
commenter stated that it is a waste of tax dollars for USDA to oversee 
this program. In addition, the commenter stated that there is nothing 
about popcorn that needs to be researched and that private industry 
should conduct research if they so choose.
    Expenses under the program are covered by assessments paid by the 
industry. The Popcorn Board is comprised of industry members that 
decide the projects the Board will conduct every year. All the 
activities of the Board, including USDA oversight costs, are paid by 
the popcorn industry from the assessments collected. Accordingly, no 
changes will be made based on this comment.
    The second commenter was in favor of the program, noting that it 
increases awareness of popcorn.
    The review was undertaken to determine whether the Order should be 
continued without change, amended, or rescinded (consistent with the 
objectives of the Act) to minimize the impacts on small entities. In 
conducting this review, AMS considered the followings factors: (1) The 
continued need for the Order; (2) the nature of complaints or comments 
received from the public concerning the Order; (3) the complexity of 
the Order; (4) the extent to which the Order overlaps, duplicates, or 
conflicts with other Federal rules, and, to the extent feasible, with 
State and local regulations; and (5) the length of time since the Order 
has been evaluated or the degree to which technology, economic 
conditions, or other factors have changed in the area affected by the 
Order.
    Currently, there are approximately 35 processors who are subject to 
the provisions of the Order. Processors of less than four million 
pounds of popcorn are exempt from assessment.
    AMS provides Federal oversight of the Popcorn program. The Order is 
not unduly complex, and AMS has not identified any Federal rules, or 
State and local regulations that duplicate, overlap, or conflict with 
the Order. Over the years, regulation changes have been made to address 
industry operation changes and to improve program administration. The 
goal of these evaluations is to assure that the Order and the 
regulations implemented under it fit the needs of the industry and are 
consistent with the Act.
    Based upon its review, AMS has determined that the Order should be 
continued without change. AMS plans to continue working with the 
popcorn industry in maintaining an effective program.


[[Page 32518]]


    Dated: June 7, 2007.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. E7-11376 Filed 6-12-07; 8:45 am]
BILLING CODE 3410-02-P