Popcorn Promotion, Research, and Consumer Information Order; Reapportionment, 67609-67611 [2010-27786]
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Federal Register / Vol. 75, No. 212 / Wednesday, November 3, 2010 / Rules and Regulations
interested persons were invited to
attend the meeting and participate in
Committee deliberations on all issues.
Like all Committee meetings, the June
24, 2010, meeting was a public meeting
and all entities, both large and small,
were able to express views on this issue.
This rule imposes no additional
reporting or recordkeeping requirements
on either small or large California dried
prune handlers. As with all Federal
marketing order programs, reports and
forms are periodically reviewed to
reduce information requirements and
duplication by industry and public
sector agencies. As noted in the initial
regulatory flexibility analysis, USDA
has not identified any relevant Federal
rules that duplicate, overlap, or conflict
with this final 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.
A proposed rule concerning this
action was published in the Federal
Register on August 24, 2010 (75 FR
51956). Copies of the proposed rule
were also mailed or sent via facsimile to
all dried prune handlers. Finally, the
proposal was made available through
the Internet by USDA and the Office of
the Federal Register. A 30-day comment
period ending September 23, 2010, was
provided for interested persons to
respond to the proposal. No comments
were received.
A small business guide on complying
with fruit, vegetable, and specialty crop
marketing agreements and orders may
be viewed at: https://www.ams.usda.gov/
MarketingOrdersSmallBusinessGuide.
Any questions about the compliance
guide should be sent to Antoinette
Carter at the previously-mentioned
address in the FOR FURTHER INFORMATION
CONTACT section.
After consideration of all relevant
material presented, including the
information and recommendation
submitted by the Committee and other
available information, it is hereby found
that this rule, as hereinafter set forth,
will tend to effectuate the declared
policy of the Act.
Pursuant to 5 U.S.C. 553, it 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
2010–11 crop year began on August 1,
2010, and the marketing order requires
that the rate of assessment for each crop
year apply to all assessable dried prunes
handled during such crop year; (2) the
Committee needs to have sufficient
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16:21 Nov 02, 2010
Jkt 223001
funds to pay its expenses, which are
incurred on a continuous basis; and
(3) handlers are aware of this action,
which was unanimously recommended
by the Committee at a public meeting
and is similar to other assessment rate
actions issued in past years. Also, a 30day comment period was provided in
the proposed rule, and no comments
were received.
List of Subjects in 7 CFR Part 993
Marketing agreements, Plum, Prunes,
Reporting and recordkeeping
requirements.
PART 993—DRIED PRUNES
PRODUCED IN CALIFORNIA
For the reasons set forth in the
preamble, 7 CFR part 993 is amended as
follows:
■ 1. The authority citation for 7 CFR
part 993 continues to read as follows:
■
Authority: 7 U.S.C. 601–674.
2. Section 993.347 is revised to read
as follows:
■
§ 993.347
Assessment rate.
On and after August 1, 2010, an
assessment rate of $0.27 per ton of
salable dried prunes is established for
California dried prunes.
Dated: October 25, 2010.
Robert C. Keeney,
Acting Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 2010–27796 Filed 11–2–10; 8:45 am]
BILLING CODE P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1215
[Document Number AMS–FV–10–0010]
Popcorn Promotion, Research, and
Consumer Information Order;
Reapportionment
Agricultural Marketing Service,
USDA.
ACTION: Final rule.
AGENCY:
This rule amends the Popcorn
Promotion, Research and Consumer
Information Order (Order) to reduce the
Popcorn Board (Board) membership
from nine to five members to reflect the
consolidation of the popcorn industry
and therefore, fewer popcorn processors
in the industry. In accordance with the
Popcorn Promotion, Research and
Consumer Information Order which is
authorized by the Popcorn Promotion,
Research and Consumer Information Act
(Act), the number of members on the
SUMMARY:
PO 00000
Frm 00021
Fmt 4700
Sfmt 4700
67609
Board may be changed by regulation;
provided, that the Board consist of not
fewer than four members and not more
than nine members. In addition, the
Order states that for purposes of
nominating and appointing processors
to the Board, the Secretary may take into
account the geographical distribution of
popcorn processors.
DATES: Effective Date: November 4,
2010.
FOR FURTHER INFORMATION CONTACT:
Deborah Simmons, Marketing
Specialist, Research and Promotion
Branch, Fruit and Vegetable Programs,
AMS, U.S. Department of Agriculture,
Stop 0244, 1400 Independence Avenue,
SW., Room 0632–S, Washington, DC
20250–0244; telephone: (888) 720–9917;
facsimile: (202) 205–2800; or electronic
mail: deborah.simmons@ams.usda.gov.
SUPPLEMENTARY INFORMATION: This rule
is issued under the Popcorn Promotion,
Research, and Consumer Information
Order [7 CFR part 1215]. The Order is
authorized under the Popcorn
Promotion, Research and Consumer
Information Act [7 U.S.C. 7481–7491].
This rule amends the Popcorn
Promotion, Research and Consumer
Information Order to reduce the
Popcorn Board membership from nine
to five members to reflect the
consolidation of the popcorn industry
and therefore, fewer popcorn processors
in the industry.
Executive Order 12866
The Office of Management and Budget
(OMB) has waived the review process
required by Executive Order 12866 for
this action.
Executive Order 12988
This rule has been reviewed under
Executive Order 12988, Civil Justice
Reform. The rule is not intended to have
retroactive effect and will not affect or
preempt any other State or Federal law
authorizing promotion or research
relating to an agricultural commodity.
The Act provides that any person
subject to an order may file a written
petition with the U.S. Department of
Agriculture (Department) if they believe
that the Order, any provision of the
Order, or any obligation imposed in
connection with the Order, is not
established in accordance with law. In
any petition, the person may request a
modification of the Order or an
exemption from the Order. The
petitioner is afforded the opportunity
for a hearing on the petition. After a
hearing, the Department would rule on
the petition. The Act provides that the
district court of the United States in any
district in which the petitioner resides
E:\FR\FM\03NOR1.SGM
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67610
Federal Register / Vol. 75, No. 212 / Wednesday, November 3, 2010 / Rules and Regulations
emcdonald on DSK2BSOYB1PROD with RULES
or conducts business shall have the
jurisdiction to review the Department’s
ruling on the petition, provided a
complaint is filed not later than 20 days
after the date of the entry of the ruling.
Initial Regulatory Flexibility Act and
Paperwork Reduction Act
In accordance with the Regulatory
Flexibility Act (RFA) [5 U.S.C. 601–
612], the Agricultural Marketing Service
(AMS) has considered the economic
impact of this action on the processors
that would be affected by this rule. The
purpose of the RFA is to fit regulatory
action to scale on businesses subject to
such action so that small businesses will
not be disproportionately burdened.
Small agricultural service firms which
include processors who are covered
under the Order, have been defined by
the Small Business Administration (13
CFR 121.607) as those having annual
receipts of no more than $7 million.
Almost 50 percent of the industry is
exempt from paying assessments. Based
on information from the Board there are
currently a total of 40 processors in the
industry. Of those, 21 processors pay
mandatory assessments into the
program. Of the 21 processors, 11 are be
classified as small processors
representing 7 percent of the popcorn
assessed. The top five popcorn
producing states are Nebraska, Indiana,
Illinois, Ohio and Iowa. In 2009,
Indiana, Kansas, Michigan and Ohio
had decreases in acreage planted and
harvested while Kentucky, Illinois,
Iowa, Missouri and Nebraska had
increases in acreage planted and
harvested over the acreage planted and
harvested in 2008. Overall 2009 acreage
planted increased by 1 percent and
acreage harvested increased by 4
percent over 2008 numbers.
Most of the processors are classified
as small businesses under the criteria
established by the Small Business
Administration. Processors who process
and distribute 4 million pounds or less
of popcorn annually are exempt from
this program. Persons that operate under
an approved National Organics program
(NOP) (7 CFR part 206) system plan;
process only products that are eligible to
be labeled as 100 percent organic under
the NOP and are not split operations
shall be exempt from the payment of
assessments.
The Board currently consists of 9
members which represent small,
medium and large processors in the
industry.
The Board voted during its October 5,
2009, conference call to request that the
Secretary reduce the number of
members from nine to five and to
appoint persons to reflect the
VerDate Mar<15>2010
16:21 Nov 02, 2010
Jkt 223001
consolidation of the popcorn industry
and therefore, fewer popcorn processors
in the industry who will equitably make
up the board between large, medium
and small processors. The Board will
continue to strive for diversity within
the industry.
Nominations and appointments to the
Board are conducted pursuant to
sections 1215.22, 1215.23, and 1215.25
of the Order. Appointments to the Board
are made by the Secretary from a slate
of nominated candidates. Pursuant to
section 1215.22(3)(i) of the Order,
nominations for each position shall be
made by processors, and be submitted to
the Secretary for appointment to the
Board. The Order requires that two
nominees be submitted for each vacant
position.
The Department has not identified
any relevant Federal rules that
duplicate, overlap, or conflict with this
rule.
Background
The Order became effective on July
22, 1997, and it is authorized under the
Act. The Board is composed of nine
processors. Nominations take into
consideration the geographical
distribution of popcorn production. The
States that currently have representation
on the Board are Nebraska, Indiana,
Iowa, Missouri and Colorado. Based on
information from the Board, in 2008, the
top five popcorn producing states were
Nebraska, Indiana, Illinois, Ohio and
Iowa.
Under the Order, the Board
administers a nationally coordinated
program of promotion, research,
consumer information and industry
information designed to strengthen the
position of popcorn in the marketplace,
and to maintain and expand domestic
and foreign markets and uses for
popcorn. This program is financed by
assessments on processors who process
and distribute 4 million pounds or more
of popcorn annually. The current rate of
assessment is 6 cents per
hundredweight of popcorn. The Order
specifies that processors are responsible
for submitting the assessment to the
Board and maintaining records
necessary to verify their reporting(s).
Processors who processes and
distributes less than 4 million pounds of
popcorn annually are exempt from this
assessment.
On October 5, 2009, the Board voted
to decrease its membership from nine to
five.
A proposed rule was published in the
Federal Register on June 4, 2010 [75 FR
31730]. Copies of the rule were made
available through the Internet by the
Department and the Office of the
PO 00000
Frm 00022
Fmt 4700
Sfmt 4700
Federal Register. That rule provided a
30-day comment period which ended
July 6, 2010. One comment was received
by the deadline.
This rule amends the Popcorn
Promotion, research and Consumer
Information Order (Order) to reduce the
Popcorn Board (Board) membership
from nine to five members to reflect the
consolidation of the popcorn industry
and therefore, fewer popcorn processors
in the industry.
Summary of Comments
In response to the proposed rule, the
Department received one comment in
support of the proposed amendment to
the Order to reduce the Popcorn Board
membership from nine to five members
to reflect the consolidation of the
popcorn industry and therefore, fewer
popcorn processors in the industry.
Accordingly, the Department is not
making any changes to the proposed
rule based on this comment.
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 action until 30 days after
publication in the Federal Register
because a final rule needs to be in effect
before the Board makes a call for
nominations for the term of office
beginning January 1, 2011.
List of Subjects in 7 CFR Part 1215
Administrative practice and
procedure, Advertising, Consumer
information, Marketing agreements,
Popcorn promotion, Reporting and
recordkeeping requirements.
■ For the reasons set forth in the
preamble, 7 CFR part 1215 is amended
as follows:
PART 1215—POPCORN PROMOTION,
RESEARCH, AND CONSUMER
INFORMATION ORDER
1. The authority citation for 7 CFR
part 1215 continues to read as follows:
■
Authority: 7 U.S.C. 7481–7491; 7 U.S.C.
7401.
2. In § 1215.21, paragraph (a) is
revised to read as follows:
■
§ 1215.21
Establishment and membership.
(a) There is hereby established a
Popcorn Board of five members. The
number of members on the board may
be changed by rulemaking: Provided,
that the Board consist of not fewer than
four members and not more than nine
members. The Board shall be composed
of popcorn processors appointed by the
Secretary under § 1215.24.
*
*
*
*
*
E:\FR\FM\03NOR1.SGM
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Federal Register / Vol. 75, No. 212 / Wednesday, November 3, 2010 / Rules and Regulations
Dated: October 25, 2010.
Robert C. Keeney,
Acting Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 2010–27786 Filed 11–2–10; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2007–0037; Directorate
Identifier 2007–NE–41–AD; Amendment 39–
16489; AD 2010–17–12R1]
RIN 2120–AA64
Airworthiness Directives; Rolls-Royce
Deutschland Ltd. & Co. KG. (RRD)
Models Tay 650–15 and Tay 651–54
Turbofan Engines
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments; revision.
AGENCY:
Examining the AD Docket
The FAA is revising an
existing airworthiness directive (AD) for
the products listed above. This AD
revision results from the need to correct
the applicability paragraph of that AD,
and from mandatory continuing
airworthiness information (MCAI)
issued by an aviation authority of
another country to identify and correct
an unsafe condition on an aviation
product. The MCAI describes the unsafe
condition as:
emcdonald on DSK2BSOYB1PROD with RULES
SUMMARY:
Strip results from some of the engines
listed in the applicability section of this AD
revealed excessively corroded low-pressure
turbine disks stage 2 and stage 3. The
corrosion is considered to be caused by the
environment in which these engines are
operated. Following a life assessment based
on the strip findings it is concluded that
inspections for corrosion attack are required.
The action specified by this European
Aviation Safety Agency (EASA) AD 2008–
0122 was intended to avoid a failure of a lowpressure turbine disk stage 2 or stage 3 due
to potential corrosion problems which could
result in uncontained engine failure and
damage to the airplane. It has been later
realized that the same unsafe condition could
potentially occur on more serial numbers for
the Tay 650–15 engines and on the Tay 651–
54 engines. This AD, superseding EASA AD
2008–0122, retaining its requirements, is
therefore issued to expand the Applicability
in adding further engine serial numbers for
the Tay 650–15 engines and in adding the
Tay 651–54 engines.
We are issuing this AD to detect
corrosion that could cause the stage 2 or
stage 3 disk of the LP turbine to fail,
uncontained engine failure, and damage
to the airplane.
VerDate Mar<15>2010
16:21 Nov 02, 2010
Jkt 223001
This AD becomes effective
November 18, 2010.
We must receive comments on this
AD by December 3, 2010.
The Director of the Federal Register
approved the incorporation by reference
of RRD Alert Service Bulletin No. TAY–
72–A1524, Revision 3, dated March 24,
2010, as of September 27, 2010 (75 FR
51651, August 23, 2010).
ADDRESSES: You may send comments by
any of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov and follow
the instructions for sending your
comments electronically.
• Mail: U.S. Department of
Transportation, 1200 New Jersey
Avenue, SE., West Building Ground
Floor, Room W12–140, Washington, DC
20590–0001.
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays.
• Fax: (202) 493–2251.
DATES:
You may examine the AD docket on
the Internet at https://
www.regulations.gov; or in person at the
Docket Operations office between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket
contains this AD, the regulatory
evaluation, any comments received, and
other information. The street address for
the Docket Operations office (telephone
(800) 647–5527) is the same as the Mail
address provided in the ADDRESSES
section. Comments will be available in
the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT:
Mark Riley, Aerospace Engineer, Engine
Certification Office, FAA, Engine and
Propeller Directorate, 12 New England
Executive Park, Burlington, MA 01803;
e-mail: mark.riley@faa.gov; phone: (781)
238–7758; fax: (781) 238–7199.
SUPPLEMENTARY INFORMATION:
Discussion
On August 23, 2010, we published AD
2010–17–12, Amendment 39–16404, in
the Federal Register (75 FR 51651). That
AD is applicable to RRD models Tay
650–15 and Tay 651–54 turbofan
engines. We discovered that the
applicability paragraph of that AD is in
error. This AD revision corrects that
applicability paragraph. The
requirements of that AD remain the
same in this AD revision.
FAA’s Determination and Requirements
of This AD
This product has been approved by
the aviation authority of the United
PO 00000
Frm 00023
Fmt 4700
Sfmt 4700
67611
Kingdom, and is approved for operation
in the United States. Pursuant to our
bilateral agreement with the United
Kingdom, they have notified us of the
unsafe condition described in the MCAI.
We are issuing this AD because we
evaluated all information provided by
the European Aviation Safety Agency
and determined the unsafe condition
exists and is likely to exist or develop
on other products of the same type
design.
FAA’s Determination of the Effective
Date
An unsafe condition exists that
requires the immediate adoption of this
AD. The FAA has found that the risk to
the flying public justifies waiving notice
and comment prior to adoption of this
rule because this AD revision reduces
the applicability, and the impact on the
affected U.S. registered fleet remains
unchanged. Therefore, we determined
that notice and opportunity for public
comment before issuing this AD are
impracticable and that good cause exists
for making this amendment effective in
fewer than 30 days.
Comments Invited
This AD is a final rule that involves
requirements affecting flight safety, and
we did not precede it by notice and
opportunity for public comment. We
invite you to send any written relevant
data, views, or arguments about this AD.
Send your comments to an address
listed under the ADDRESSES section.
Include ‘‘Docket No. FAA–2007–0037;
Directorate Identifier 2007–NE–41–AD’’
at the beginning of your comments. We
specifically invite comments on the
overall regulatory, economic,
environmental, and energy aspects of
this AD. We will consider all comments
received by the closing date and may
amend this AD because of those
comments.
We will post all comments we
receive, without change, to https://
www.regulations.gov, including any
personal information you provide. We
will also post a report summarizing each
substantive verbal contact with FAA
personnel concerning this AD. Using the
search function of the Web site, anyone
can find and read the comments in any
of our dockets, including, if provided,
the name of the individual who sent the
comment (or signed the comment on
behalf of an association, business, labor
union, etc.). You may review the DOT’s
complete Privacy Act Statement in the
Federal Register published on April 11,
2000 (65 FR 19477–78).
E:\FR\FM\03NOR1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 212 (Wednesday, November 3, 2010)]
[Rules and Regulations]
[Pages 67609-67611]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-27786]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1215
[Document Number AMS-FV-10-0010]
Popcorn Promotion, Research, and Consumer Information Order;
Reapportionment
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule amends the Popcorn Promotion, Research and Consumer
Information Order (Order) to reduce the Popcorn Board (Board)
membership from nine to five members to reflect the consolidation of
the popcorn industry and therefore, fewer popcorn processors in the
industry. In accordance with the Popcorn Promotion, Research and
Consumer Information Order which is authorized by the Popcorn
Promotion, Research and Consumer Information Act (Act), the number of
members on the Board may be changed by regulation; provided, that the
Board consist of not fewer than four members and not more than nine
members. In addition, the Order states that for purposes of nominating
and appointing processors to the Board, the Secretary may take into
account the geographical distribution of popcorn processors.
DATES: Effective Date: November 4, 2010.
FOR FURTHER INFORMATION CONTACT: Deborah Simmons, Marketing Specialist,
Research and Promotion Branch, Fruit and Vegetable Programs, AMS, U.S.
Department of Agriculture, Stop 0244, 1400 Independence Avenue, SW.,
Room 0632-S, Washington, DC 20250-0244; telephone: (888) 720-9917;
facsimile: (202) 205-2800; or electronic mail:
deborah.simmons@ams.usda.gov.
SUPPLEMENTARY INFORMATION: This rule is issued under the Popcorn
Promotion, Research, and Consumer Information Order [7 CFR part 1215].
The Order is authorized under the Popcorn Promotion, Research and
Consumer Information Act [7 U.S.C. 7481-7491]. This rule amends the
Popcorn Promotion, Research and Consumer Information Order to reduce
the Popcorn Board membership from nine to five members to reflect the
consolidation of the popcorn industry and therefore, fewer popcorn
processors in the industry.
Executive Order 12866
The Office of Management and Budget (OMB) has waived the review
process required by Executive Order 12866 for this action.
Executive Order 12988
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. The rule is not intended to have retroactive effect and
will not affect or preempt any other State or Federal law authorizing
promotion or research relating to an agricultural commodity.
The Act provides that any person subject to an order may file a
written petition with the U.S. Department of Agriculture (Department)
if they believe that the Order, any provision of the Order, or any
obligation imposed in connection with the Order, is not established in
accordance with law. In any petition, the person may request a
modification of the Order or an exemption from the Order. The
petitioner is afforded the opportunity for a hearing on the petition.
After a hearing, the Department would rule on the petition. The Act
provides that the district court of the United States in any district
in which the petitioner resides
[[Page 67610]]
or conducts business shall have the jurisdiction to review the
Department's ruling on the petition, provided a complaint is filed not
later than 20 days after the date of the entry of the ruling.
Initial Regulatory Flexibility Act and Paperwork Reduction Act
In accordance with the Regulatory Flexibility Act (RFA) [5 U.S.C.
601-612], the Agricultural Marketing Service (AMS) has considered the
economic impact of this action on the processors that would be affected
by this rule. The purpose of the RFA is to fit regulatory action to
scale on businesses subject to such action so that small businesses
will not be disproportionately burdened.
Small agricultural service firms which include processors who are
covered under the Order, have been defined by the Small Business
Administration (13 CFR 121.607) as those having annual receipts of no
more than $7 million. Almost 50 percent of the industry is exempt from
paying assessments. Based on information from the Board there are
currently a total of 40 processors in the industry. Of those, 21
processors pay mandatory assessments into the program. Of the 21
processors, 11 are be classified as small processors representing 7
percent of the popcorn assessed. The top five popcorn producing states
are Nebraska, Indiana, Illinois, Ohio and Iowa. In 2009, Indiana,
Kansas, Michigan and Ohio had decreases in acreage planted and
harvested while Kentucky, Illinois, Iowa, Missouri and Nebraska had
increases in acreage planted and harvested over the acreage planted and
harvested in 2008. Overall 2009 acreage planted increased by 1 percent
and acreage harvested increased by 4 percent over 2008 numbers.
Most of the processors are classified as small businesses under the
criteria established by the Small Business Administration. Processors
who process and distribute 4 million pounds or less of popcorn annually
are exempt from this program. Persons that operate under an approved
National Organics program (NOP) (7 CFR part 206) system plan; process
only products that are eligible to be labeled as 100 percent organic
under the NOP and are not split operations shall be exempt from the
payment of assessments.
The Board currently consists of 9 members which represent small,
medium and large processors in the industry.
The Board voted during its October 5, 2009, conference call to
request that the Secretary reduce the number of members from nine to
five and to appoint persons to reflect the consolidation of the popcorn
industry and therefore, fewer popcorn processors in the industry who
will equitably make up the board between large, medium and small
processors. The Board will continue to strive for diversity within the
industry.
Nominations and appointments to the Board are conducted pursuant to
sections 1215.22, 1215.23, and 1215.25 of the Order. Appointments to
the Board are made by the Secretary from a slate of nominated
candidates. Pursuant to section 1215.22(3)(i) of the Order, nominations
for each position shall be made by processors, and be submitted to the
Secretary for appointment to the Board. The Order requires that two
nominees be submitted for each vacant position.
The Department has not identified any relevant Federal rules that
duplicate, overlap, or conflict with this rule.
Background
The Order became effective on July 22, 1997, and it is authorized
under the Act. The Board is composed of nine processors. Nominations
take into consideration the geographical distribution of popcorn
production. The States that currently have representation on the Board
are Nebraska, Indiana, Iowa, Missouri and Colorado. Based on
information from the Board, in 2008, the top five popcorn producing
states were Nebraska, Indiana, Illinois, Ohio and Iowa.
Under the Order, the Board administers a nationally coordinated
program of promotion, research, consumer information and industry
information designed to strengthen the position of popcorn in the
marketplace, and to maintain and expand domestic and foreign markets
and uses for popcorn. This program is financed by assessments on
processors who process and distribute 4 million pounds or more of
popcorn annually. The current rate of assessment is 6 cents per
hundredweight of popcorn. The Order specifies that processors are
responsible for submitting the assessment to the Board and maintaining
records necessary to verify their reporting(s). Processors who
processes and distributes less than 4 million pounds of popcorn
annually are exempt from this assessment.
On October 5, 2009, the Board voted to decrease its membership from
nine to five.
A proposed rule was published in the Federal Register on June 4,
2010 [75 FR 31730]. Copies of the rule were made available through the
Internet by the Department and the Office of the Federal Register. That
rule provided a 30-day comment period which ended July 6, 2010. One
comment was received by the deadline.
This rule amends the Popcorn Promotion, research and Consumer
Information Order (Order) to reduce the Popcorn Board (Board)
membership from nine to five members to reflect the consolidation of
the popcorn industry and therefore, fewer popcorn processors in the
industry.
Summary of Comments
In response to the proposed rule, the Department received one
comment in support of the proposed amendment to the Order to reduce the
Popcorn Board membership from nine to five members to reflect the
consolidation of the popcorn industry and therefore, fewer popcorn
processors in the industry.
Accordingly, the Department is not making any changes to the
proposed rule based on this comment.
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 action until
30 days after publication in the Federal Register because a final rule
needs to be in effect before the Board makes a call for nominations for
the term of office beginning January 1, 2011.
List of Subjects in 7 CFR Part 1215
Administrative practice and procedure, Advertising, Consumer
information, Marketing agreements, Popcorn promotion, Reporting and
recordkeeping requirements.
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For the reasons set forth in the preamble, 7 CFR part 1215 is amended
as follows:
PART 1215--POPCORN PROMOTION, RESEARCH, AND CONSUMER INFORMATION
ORDER
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1. The authority citation for 7 CFR part 1215 continues to read as
follows:
Authority: 7 U.S.C. 7481-7491; 7 U.S.C. 7401.
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2. In Sec. 1215.21, paragraph (a) is revised to read as follows:
Sec. 1215.21 Establishment and membership.
(a) There is hereby established a Popcorn Board of five members.
The number of members on the board may be changed by rulemaking:
Provided, that the Board consist of not fewer than four members and not
more than nine members. The Board shall be composed of popcorn
processors appointed by the Secretary under Sec. 1215.24.
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[[Page 67611]]
Dated: October 25, 2010.
Robert C. Keeney,
Acting Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2010-27786 Filed 11-2-10; 8:45 am]
BILLING CODE 3410-02-P
