Popcorn Promotion, Research, and Consumer Information Order; Section 610 Review, 32517-32518 [E7-11376]

Download as PDF 32517 Rules and Regulations Federal Register Vol. 72, No. 113 Wednesday, June 13, 2007 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. 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 Agricultural Marketing Service. Confirmation of regulations. AGENCY: sroberts on PROD1PC70 with RULES ACTION: 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: Deborah.Simmons@usda.gov. 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) VerDate Aug<31>2005 21:03 Jun 12, 2007 Jkt 211001 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 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 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. E:\FR\FM\13JNR1.SGM 13JNR1 32518 Federal Register / Vol. 72, No. 113 / Wednesday, June 13, 2007 / Rules and Regulations 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 DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [CGD05–07–017] RIN 1625–AA08 Special Local Regulations for Marine Events; Rappahannock River, Essex County, Westmoreland County, Layton, VA Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: sroberts on PROD1PC70 with RULES SUMMARY: The Coast Guard is establishing temporary special local regulations for the ‘‘2007 Rappahannock River Boaters Association Spring and Fall Radar Shootout’’, power boat races to be held on the waters of the Rappahannock River near Layton, VA. These special local regulations are necessary to provide for the safety of life on navigable waters during the event. This action is intended to restrict vessel traffic in the Rappahannock River during the event. DATES: This rule is effective from 11:30 a.m. to 4:30 p.m. on June 30, 2007. ADDRESSES: Comments and material received from the public, as well as documents indicated in this preamble as being available in the docket, are part of docket (CGD05–07–017) and are available for inspection or copying at Commander (dpi), Fifth Coast Guard District, 431 Crawford Street, Portsmouth, Virginia 23704–5004, between 9 a.m. and 2 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Dennis Sens, Marine Events Coordinator, Fifth Coast Guard District, at (757) 398–6204. SUPPLEMENTARY INFORMATION: Regulatory Information On April 11, 2007, we published a notice of proposed rulemaking (NPRM) entitled Special Local Regulations for Marine Events; Rappahannock River, Essex County, Westmoreland County, Layton, VA in the Federal Register (72 FR 18170). We received no letters commenting on the proposed rule. No public meeting was requested, and none was held. VerDate Aug<31>2005 21:03 Jun 12, 2007 Jkt 211001 Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. Delaying the effective date would be contrary to the public interest, since immediate action is needed to ensure the safety of the event participants, spectator craft and other vessels transiting the event area. However, advance notifications will be made to affected waterway users via marine information broadcasts, local radio stations and area newspapers. Background and Purpose On June 30, 2007 the Rappahannock River Boaters Association (RRBA) will sponsor the ‘‘2007 RRBA Spring Radar Shootout’’, on the waters of the Rappahannock River near Layton, Virginia. The event will consist of approximately 35 powerboats participating in high-speed competitive races, traveling along a 3-mile straight line race course. Participating boats will race individually within the designated course. A fleet of spectator vessels is anticipated to gather nearby to view the competition. Due to the need for vessel control during the event, vessel traffic will be temporarily restricted to provide for the safety of participants, spectators and transiting vessels. Discussion of Comments and Changes The Coast Guard did not receive comments in response to the notice of proposed rulemaking (NPRM) published in the Federal Register. Accordingly, the Coast Guard is establishing temporary special local regulations on specified waters of the Rappahannock River, near Layton, Virginia. Regulatory Evaluation This temporary rule is not a ‘‘significant regulatory action’’ under section 3(f) of Executive Order 12866, Regulatory Planning and Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order. Although this regulation will prevent traffic from transiting a portion of the Rappahannock River during the event, the effect of this regulation will not be significant due to the limited duration that the regulated area will be in effect and the extensive advance notification that will be made to the maritime community via the Local Notice to Mariners, marine information broadcasts, local radio stations and area newspapers, so mariners can adjust their plans accordingly. Additionally, the regulated area has been narrowly PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 tailored to impose the least impact on general navigation yet provide the level of safety deemed necessary. Vessel traffic will be able to transit the regulated area between heats, when the Coast Guard Patrol Commander deems it is safe to do so. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601–612), we have considered whether this temporary rule would have a significant economic impact on a substantial number of small entities. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this temporary rule would not have a significant economic impact on a substantial number of small entities. This temporary rule will affect the following entities, some of which may be small entities: The owners or operators of vessels intending to transit this section of the Rappahannock River during the event. This temporary rule will not have a significant economic impact on a substantial number of small entities for the following reasons. This temporary rule will be in effect for only a short period, from 11:30 a.m. to 4:30 p.m. on June 30, 2007. Although the regulated area will apply to a 3-mile segment of the Rappahannock River immediately east of Layton, Virginia, traffic may be allowed to pass through the regulated area with the permission of the Coast Guard patrol commander. Before the enforcement period, we will issue maritime advisories so mariners can adjust their plans accordingly. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we offered to assist small entities in understanding this temporary rule so that they can better evaluate its effects on them and participate in the rulemaking. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency’s responsiveness to small business. If you wish to comment on actions by E:\FR\FM\13JNR1.SGM 13JNR1

Agencies

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



========================================================================
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. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
week.

========================================================================


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.

-----------------------------------------------------------------------

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: 
Deborah.Simmons@usda.gov.

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