[Federal Register Volume 84, Number 23 (Monday, February 4, 2019)]
[Rules and Regulations]
[Pages 1343-1346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-00872]
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Rules and Regulations
Federal Register
________________________________________________________________________
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.
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Federal Register / Vol. 84, No. 23 / Monday, February 4, 2019 / Rules
and Regulations
[[Page 1343]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1212
[Document Number AMS-SC-18-0016]
Honey Packers and Importers Research, Promotion, Consumer
Education and Industry Information Order; Change in Membership
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
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SUMMARY: This rule changes the National Honey Board (Board) importer-
handler member and alternate to an importer member and alternate. The
Honey Packers and Importers Research, Promotion, Consumer Education and
Industry Information Order (Order) is administered by the Board with
oversight by the U.S. Department of Agriculture (USDA). This rule also
updates the definition for the term Board to reflect current practices,
and make clarifying and conforming changes to other provisions of the
program.
DATES: Effective Date: March 6, 2019.
FOR FURTHER INFORMATION CONTACT: Patricia P. Petrella, Deputy Director,
Promotion and Economics Division, Specialty Crops Program, AMS, USDA,
1400 Independence Avenue SW, Room 1406-S, Stop 0244, Washington, DC
20250-0244; telephone: (202) 260-9496; facsimile: (202) 205-2800; or
electronic mail: [email protected].
SUPPLEMENTARY INFORMATION: This final rule affecting 7 CFR part 1212
(hereinafter referred to as the ``Order'') is authorized under the
Commodity Promotion, Research, and Information Act of 1996 (1996 Act)
(7 U.S.C. 7411-7425).
Executive Orders 12866, 13563, and 13771
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 final rule falls within a category of regulatory actions that the
Office of Management and Budget (OMB) exempted from Executive Order
12866 review. Additionally, because this rule does not meet the
definition of a significant regulatory action it does not trigger the
requirements contained in Executive Order 13771. See OMB's Memorandum
titled ``Interim Guidance Implementing Section 2 of the Executive Order
of January 30, 2017, titled `Reducing Regulation and Controlling
Regulatory Costs'[thinsp]'' (February 2, 2017).
Executive Order 13175
This final rule 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
will not have substantial and direct effects on Tribal governments and
will not have significant Tribal implications.
Executive Order 12988
In addition, this final 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 (7 U.S.C. 7423)
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 (7 U.S.C. 7418), 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 final rule changes the importer-handler member and alternate
to an importer member and alternate on the Board under the Honey
Packers and Importers Research, Promotion, Consumer Education and
Industry Information Order (Order). The Order is administered by the
Board with oversight by USDA. Under the Order, 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. This rule will
change the importer-handler representatives to importer representatives
and make clarifying and conforming changes to other provisions of the
program. This action was unanimously recommended by the Board in
October 2017 and will allow more importers to be eligible to serve on
the Board.
Section 1212.46 of the Order provides authority for the Board to
recommend amendments to the Order. Section 1212.40 of the Order
provides that the Board have ten members--three first handlers, two
importers, one importer-handler, three producers, and one marketing
cooperative representative. Each member shall have an alternate.
Currently, the eligible importer-handler member and alternate must
import at least 75 percent of the honey or honey products they market
in the United States and handle at least 250,000 pounds annually. With
this amendment, the total number of Board representatives will remain
at ten, but importer representatives will increase from two to three
representatives and the importer-handler member will be removed.
Handlers will continue to be represented with three members on the
Board. A corresponding adjustment will be made to the alternate
representatives for each member. This action increases
[[Page 1344]]
the pool of importer nominees eligible to serve on the Board and
reflects the current distribution of the industry.
U.S. honey imports have dramatically increased from 104,984 metric
tons in 2008 to 203,534 metric tons in 2017. In comparison, U.S. honey
production has decreased. USDA's National Agricultural Statistics
Service estimates U.S. honey production from producers with 5 or more
colonies at 164 million pounds in 2008 and at 148 million pounds in
2017.\1\ The changes to the Board will reflect the distribution of the
production of honey and the quantity of the honey and honey products
imported into the United States.
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\1\ USDA, National Agricultural Statistics Service, Honey, March
14, 2018, p. 3, http://usda.mannlib.cornell.edu/usda/current/Hone/Hone-03-14-2018.pdf.
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Nominations to the Board are made by qualified national
organizations and these organizations were consulted before the Board's
recommendation. No qualified national organizations were opposed to the
recommendation.
The Board met on October 26, 2017, and unanimously recommended that
the importer-handler member and alternate become an importer member and
alternate, allowing more importers to be eligible to serve on the
Board. Section 1212.40 of the Order is revised accordingly. Conforming
changes will be made to remove references to the importer-handler
representative by removing Sec. 1212.12 and revising Sec. Sec.
1212.22, 1212.41, and 1212.42(b).
The current importer-handler member and alternate were appointed to
the Board for a term that began on January 1, 2018 and ends on December
31, 2020. The importer-handler member and alternate will remain in
their positions until their term expires on December 31, 2020. The
following term beginning on January 1, 2021, will be filled by an
importer member and importer alternate.
Finally, this action will revise the term Board as defined in Sec.
1212.2 from the `Honey Packers and Importers Board' to the `National
Honey Board' to reflect current practices. The term as it appears in
Sec. 1212.40 and in the undesignated heading preceding Sec. 1212.40
will also be revised to read `National Honey Board.'
Final 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 rule on small
entities. Accordingly, AMS has considered the economic impact of this
action on such 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 (SBA)
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 $7.5 million.
The Board reported that there were about 785 importers and 40 first
handlers of honey and honey products covered under the program during
the 2017 fiscal period. Fourteen out of the 40 first handlers (35
percent) and 23 out of the 785 importers (3 percent) accounted for 91
and 90 percent of the assessments in their respective categories. Total
assessments for 2017 were $8.87 million, of which $2.09 million (24
percent) were paid by first handlers and $6.78 million (76 percent)
were paid by importers. 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, 14 first handlers account
for 91 percent of the domestic assessments. Multiplying first handler
assessments in 2017 of $2,091,881 by 0.91 and then dividing by 14
yields an average annual assessment of $135,972 for the first handlers
in this category. Dividing this figure ($135,972) by the assessment
rate of 1.5 cents per pound ($0.015) yields an average quantity per
first handler of 9.065 million pounds. Multiplying 9.065 million pounds
by the average 2017 U.S. domestic price of $2.16 per pound \2\ yields
an average annual honey revenue per handler of $19.58 million, which is
well above the SBA threshold of $7.5 million. It should be noted that
this revenue estimate is based on the average price at the producer
level, and the $19.58 million is an estimate of the total value at
which the average size handler acquired the honey from producers.
Therefore, most of the 14 first handlers that pay 91 percent of the
domestic assessments are likely to be large firms according to the SBA
definition.
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\2\ USDA, NASS, Honey, March 14, 2018, p. 3, http://usda.mannlib.cornell.edu/usda/current/Hone/Hone-03-14-2018.pdf.
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An equivalent computation can be made for the 23 importers who paid
90 percent of the $6,778,147 in assessments in 2017. Of the 23
importers, the average assessment per importer was $265,741. Dividing
the average assessment per importer by the assessment rate of $0.015
per pound yields an average quantity per importer estimate of 17.716
million pounds.
For honey imports, the equivalent of the season average price for
domestic honey is referred to as a ``unit value.'' The unit value of
$1.23 per pound is computed by dividing annual imported honey value of
$550.16 million by average quantity of 448.72 million pounds.\3\
Multiplying the $1.23 unit value by the average quantity of 17.716
million pounds yields average annual honey revenue per importer figure
of $21.790 million, almost three times the SBA threshold figure of $7.5
million for a large firm. Therefore, the majority of the 23 importers
that pay 90 percent of the assessments are large firms, according to
the SBA definition.
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\3\ USDA, AMS, SCP, MND, National Honey Report, February 26,
2018, p. 10, https://www.ams.usda.gov/mnreports/fvmhoney.pdf.
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Comparable computations can be made to determine the average 2017
honey revenue for the 26 first handlers and 762 importers that paid 9
and 10 percent, respectively, of the assessment in the first handler
and importer categories. The first handler and importer average annual
honey revenue figures are approximately $1,043,000 and $17,000,
respectively, indicating that the vast majority are small businesses
(in terms of honey sales), under the SBA large business threshold of
$7.5 million in annual sales.
Based on the foregoing, the majority of first handlers and
importers may be classified as small entities.
This rule changes the importer-handler Board member and alternate,
as specified in section 1212.40 of the Order, to an importer member and
alternate. The Order currently requires one importer-handler
representative on the Board who must import at least 75 percent of the
honey or honey products they market in the United States and handle at
least 250,000 pounds annually. The U.S. honey industry has experienced
dramatic increases in imported honey and honey products, as domestic
production has decreased. Thus, the Board unanimously recommended that
the importer-handler representative become an importer representative.
This will allow for a greater pool of importer nominees to be eligible
to serve on the Board. Conforming changes are being made to remove
Sec. 1212.12 and revise Sec. Sec. 1212.22, 1212.41, and 1212.42(b).
Finally, this rule updates the term Board to reflect current practices
(Sec. 1212.2, the heading preceding Sec. Sec. 1212.40 and 1212.40).
[[Page 1345]]
Authority for this action is provided in Sec. 1212.46(d) of the Order.
Relaxing the eligibility requirements for importer representatives
on the Board is administrative in nature and would have no economic
impact on entities covered under the program. This change will help
increase the number of importers who would be eligible to serve on the
Board. Eligible producers, first handlers, and importers interested in
serving on the Board have to complete a background questionnaire. Those
requirements are addressed later in this proposal in the section
titled.
Reporting and Recordkeeping Requirements
Prior to arriving at this action, the Board consulted with the
qualified national organizations that make the nominations to the
Board. Alternatives that were considered included making no changes and
adjusting the eligibility requirements. However, in considering the
distribution of the production of honey and the quantity of honey and
honey products imported into the United States, the Board concluded
that revising the importer-handler representative to an importer
representative would be an accurate reflection of the industry and
would increase the pool of eligible importers.
Reporting and Recordkeeping Requirements
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
Chapter 35), the information collection requirements that are imposed
by the part have been previously approved by OMB under OMB control
number 0581-0093. Additionally, Board nominees (including producers)
must submit a Background Information form (AD-755) to ensure they are
qualified to serve on the Board. The time to complete that form is
estimated at 30 minutes per response. The background form is approved
under OMB control no. 0505-0001. This rule will not result in a change
to the information collection and recordkeeping requirements previously
approved and would impose no additional reporting requirements and
recordkeeping burden on honey producers, first handlers, or 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 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.
This action was discussed with the qualified national
organizations. The Board met on October 26, 2017, and unanimously
recommended changing the importer-handler representative to an importer
representative. All of the Board's meetings are open to the public and
interested persons are invited to participate and express their views.
A proposed rule concerning this action was published in the Federal
Register on October 1, 2018 (83 FR 49314). A 30-day comment period
ending on October 31, 2018, was provided to allow interested person to
respond to the proposal. The proposed rule was included the Board's
September newsletter. Notifications were sent to industry trade
organizations and industry news publications. The proposal was also
made available through the internet by USDA and the Office of the
Federal Register. One comment was received, but it did not pertain to
this proposal; therefore, no changes were made to the proposed rule.
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, 7 CFR part 1212 is
amended as follows:
PART 1212--HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION,
CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER
0
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.
0
2. Revise Sec. 1212.2 to read as follows:
Sec. 1212.2 Board.
``Board'' or ``National Honey Board'' means the administrative body
established pursuant to Sec. 1212.40, or such other name as
recommended by the Board and approved by the Department.
Sec. 1212.12 [Removed and Reserved]
0
3. Remove and reserve Sec. 1212.12.
0
4. Revise Sec. 1212.22 to read as follows:
Sec. 1212.22 Qualified national organization representing importer
interests.
``Qualified national organization representing importer interests''
means an organization that the Secretary certifies as being eligible to
nominate importer and alternate importer members of the Board under
Sec. 1212.42.
0
5. Revise the undesignated center heading preceding Sec. 1212.40 to
read as follows:
National Honey Board
0
6. Revise Sec. 1212.40 to read as follows:
Sec. 1212.40 Establishment and membership.
The National Honey Board is established to administer the terms and
provisions of this part. The Board shall have ten members, composed of
three first handler representatives, three importer representatives,
three producer representatives, and one marketing cooperative
representative. In addition, each producer representative must produce
a minimum of 50,000 pounds of honey in the United States annually based
on the best three-year average of the most recent five calendar years,
as certified by producers. The Secretary will appoint members to the
Board from nominees submitted in accordance with Sec. 1212.42. The
Secretary shall also appoint an alternate for each member.
0
7. Revise Sec. 1212.41 to read as follows:
Sec. 1212.41 Term of office.
Each Board member and alternate will serve a three-year term or
until the Secretary selects his or her successor. No member or
alternate may serve more than two consecutive terms. Each term of
office will end on December 31, with new terms of office beginning on
January 1.
0
8. Revise Sec. 1212.42(b) to read as follows:
Sec. 1212.42 Nominations and appointments.
* * * * *
(b) All qualified national organizations representing importer
interests will have the opportunity to participate in a nomination
caucus and will, to the extent practical, submit as a group a single
slate of nominations to the Secretary for importer positions and the
importer alternate positions on the Board. If the Secretary determines
that there are no qualified national organizations representing
importer interests, individual importers who have paid assessments to
the Board in the most recent fiscal period may submit nominations.
* * * * *
[[Page 1346]]
Dated: January 29, 2019.
Bruce Summers,
Administrator.
[FR Doc. 2019-00872 Filed 2-1-19; 8:45 am]
BILLING CODE 3410-02-P