[Federal Register Volume 74, Number 73 (Friday, April 17, 2009)]
[Rules and Regulations]
[Pages 17767-17768]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-8852]



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 Rules and Regulations
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  Federal Register / Vol. 74, No. 73 / Friday, April 17, 2009 / Rules 
and Regulations  

[[Page 17767]]



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.

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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 [email protected].

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

[[Page 17768]]

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]

0
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]
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