[Federal Register: June 13, 2007 (Volume 72, Number 113)]
[Rules and Regulations]
[Page 32517-32518]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13jn07-1]
========================================================================
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.
========================================================================
[[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
http://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