Amendment to the Peanut Promotion, Research, and Information Order, 35145-35146 [E6-9536]
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Federal Register / Vol. 71, No. 117 / Monday, June 19, 2006 / Rules and Regulations
give preliminary notice prior to putting
this rule into effect, and 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 2006–2007 fiscal
period began on April 1, 2006, and the
order requires that the rate of
assessment apply to all assessable
Washington sweet cherries handled
during such fiscal period; (2) this action
decreases the assessment rate for the
2006–2007 and subsequent fiscal
periods; (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; and (4) this interim final rule
provides a 60-day comment period, and
all comments timely received will be
considered prior to finalization of this
rule.
List of Subjects in 7 CFR Part 923
Cherries, Marketing agreements,
Reporting and recordkeeping
requirements.
I For the reasons set forth in the
preamble, 7 CFR part 923 is amended as
follows:
PART 923—SWEET CHERRIES
GROWN IN DESIGNATED COUNTIES
IN WASHINGTON
1. The authority citation for 7 CFR
part 923 continues to read as follows:
I
Authority: 7 U.S.C. 601–674.
2. Section 923.236 is revised to read
as follows:
I
§ 923.236
Assessment rate.
On or after April 1, 2006, an
assessment rate of $0.50 per ton is
established for the Washington Cherry
Marketing Committee.
Dated: June 12, 2006.
Lloyd C. Day,
Administrator, Agricultural Marketing
Service.
[FR Doc. E6–9598 Filed 6–16–06; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1216
wwhite on PROD1PC61 with RULES
[Docket No. FV–05–701–FR]
Amendment to the Peanut Promotion,
Research, and Information Order
Agricultural Marketing Service,
USDA.
ACTION: Final rule.
AGENCY:
VerDate Aug<31>2005
15:59 Jun 16, 2006
Jkt 208001
SUMMARY: The Department of
Agriculture (USDA) is adopting, as a
final rule, without change, an interim
final rule to bring the sections of the
Peanut Promotion, Research and
Information Order (Order), into
conformity with changes that have
occurred since the implementation of
the Order with regard to the collection
of assessments. This order is issued
under the authority of the Commodity
Promotion, Research and Information
Act of 1996. This rule continues in
effect changes to the Order provisions
on assessments and the deletion of a
number of obsolete definitions.
DATES: Effective July 19, 2006.
FOR FURTHER INFORMATION CONTACT:
Deborah S. Simmons, Research and
Promotion Branch, Fruit and Vegetable
Programs, AMS, USDA, Stop 0244, 1400
Independence Avenue, SW., Room 2535
South Building, Washington, DC 20250–
0244; telephone (202) 720–9915 or fax
(202) 205–2800.
SUPPLEMENTARY INFORMATION: This rule
is issued under the Peanut Promotion,
Research and Information Order (7 CFR
part 1216) as amended, to bring the
provisions of the Peanut Promotion,
Research and Information Order, into
conformity with changes that have
occurred since the implementation of
the Order with regard to the collection
of assessments, and deletion of a
number of obsolete definitions,
hereinafter referred to as the ‘‘Order.’’
The Order is effective under the
Commodity Promotion, Research, and
Information Act of 1996 (Act) (7 U.S.C.
7401–7425), hereinafter referred to as
the ‘‘Act.’’
Executive Order 12988
This rule has been reviewed under
Executive Order 12988, Civil Justice
Reform. This rule is not intended to
have retroactive effect. Section 524 of
the Act provides that the Act shall not
affect or preempt any State or local laws
authorizing promotion or research
relating to an agricultural commodity.
Under section 519 of the Act, a person
subject to the Order may file a petition
with the Secretary of Agriculture
(Secretary) stating that the Order, any
provision of the Order, or any obligation
imposed in connection with the Order,
is not established in accordance with
the law, and requesting a modification
of the Order or an exemption from the
Order. Any petition filed challenging
the Order, any provision of the Order,
or any obligation imposed in connection
with the Order, shall be filed within two
years after the effective date of the
Order, provision, or obligation subject to
challenge in the petition. The petitioner
PO 00000
Frm 00003
Fmt 4700
Sfmt 4700
35145
will have the opportunity for a hearing
on the petition. Thereafter, the Secretary
will issue a ruling on a petition. The 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 the Secretary’s final
ruling.
This rule continues in effect changes
to the Order to bring the provisions of
the Peanut Promotion, Research and
Information Order, into conformity with
changes that have occurred since the
implementation of the Order with
regard to the collection of assessments.
This order is issued under the authority
of the Commodity Promotion, Research
and Information Act of 1996. This rule
also continues in effect changes to the
Order for the deletion of a number of
obsolete definitions.
Executive Order 12866
The Office of Management and Budget
(OMB) has waived the review process
required by Executive Order 12866 for
this action.
Regulatory Flexibility Act and
Paperwork Reduction Act
In accordance with the Regulatory
Flexibility Act (RFA) [5 U.S.C. 601 et
seq.], the Agency has examined the
impact of this 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.
There are approximately 13,000
producers and 57 first handlers of
peanuts subject to the program. Most of
the producers would be classified as
small businesses under the criteria
established by the Small Business
Administration (SBA) [13 CFR 121.201].
Most first handlers would not be
classified as small businesses. The SBA
defines small agricultural handlers as
those whose annual receipts are less
than $6 million, and small agricultural
producers are defined as those having
annual receipts of not more than
$500,000 annually.
A number of changes have occurred to
Farm Service Agency loan programs for
peanuts since the 2002 Farm Bill. In
view of this, and taking into account
alternatives, several provisions of the
Order needed to be updated. This final
rule modifies Section 1216.51 of the
Order which deals with the collection
process for assessments including
peanuts placed under marketing
assistance loans. For loan peanuts, the
E:\FR\FM\19JNR1.SGM
19JNR1
35146
Federal Register / Vol. 71, No. 117 / Monday, June 19, 2006 / Rules and Regulations
wwhite on PROD1PC61 with RULES
Commodity Credit Corporation will
deduct and remit to the Board
assessments deducted from the proceeds
of the loan. Producers are also required
to pay assessments directly to the Board
in certain circumstances.
This rule, however, does not alter the
amount of the assessment or the
obligation of producers of peanuts to
pay the assessment.
Additional changes are made to
amend definitions and delete
definitions that are no longer needed.
Accordingly, § 1216.2 concerning
additional peanuts, § 1216.3 concerning
area marketing associations, § 1216.6
concerning contract export additional
peanuts, and § 1216.24 concerning
quota peanuts are deleted.
There are no relevant Federal rules
that duplicate, overlap, or conflict with
this final rule.
In accordance with the Office of
Management and Budget (OMB)
regulation [5 CFR part 1320] which
implements the Paperwork Reduction
Act of 1995 [44 U.S.C. Chapter 35], the
information collection and
recordkeeping requirements that are
imposed by this Order were submitted
to OMB for approval and were approved
under OMB control number 0581–0093.
This proposal will not cause any change
in the information collection and
recordkeeping requirement.
Additional changes are made to
amend definitions and delete
definitions that are no longer needed.
Accordingly, § 1216.2 concerning
additional peanuts, § 1216.3 concerning
area marketing associations, § 1216.6
concerning contract export additional
peanuts, and § 1216.24 concerning
quota peanuts are deleted.
Background
The Order became effective on July
29, 1999, after a national referendum
among all peanut producers. Under the
Order, peanut producers are assessed 1
percent of the total value of all farmers
stock peanuts, which currently
generates about $6 million in annual
revenues. The program is administered
by the Board under USDA supervision.
The Board is composed of 10
members and 10 alternates, nominated
by producers and appointed by the
Secretary of Agriculture. There is one
member and alternate for each of the
nine primary peanut-producing states
and one at-large member and alternate
representing all other peanut-producing
states.
Currently, the nine major peanutproducing states are (in descending
order) Georgia, Texas, Alabama, North
Carolina, Florida, Virginia, Oklahoma,
New Mexico, and South Carolina. The
VerDate Aug<31>2005
15:59 Jun 16, 2006
Jkt 208001
minor peanut-producing states are
Arizona, Arkansas, California, Kansas,
Louisiana, Mississippi, Missouri, and
Tennessee.
There is an assessment rate of 1
percent of the price paid for all farmers
stock peanuts sold. Peanut producers
may sell their peanuts commercially or
put them in the market assistance loan
program. For peanuts sold
commercially, the first handler will
remit the assessment to the Board.
Further § 1216.51(d) currently
provides that for peanuts placed under
loan with the Department’s Commodity
Credit Corporation, each area marketing
association shall remit to the Board the
following: (1) One (1) percent of the
initial price paid for either quota or
additional peanuts no more than 60
days after the last day of the month in
which the peanuts were placed under
loan; and (2) One (1) percent of the
profit from the sale of the peanuts
within 60 days after the final day of the
area marketing association’s fiscal year.
A number of changes have occurred to
Farm Service Agency loan program for
peanuts since the 2002 Farm Bill. In
view of this, the Board submitted a
request to amend the Order to update
the collection of assessments for all
peanuts, including loan peanuts. This
rule does not alter the amount of the
assessment or the obligation of
producers of peanuts to pay the
assessment.
This rule does provide in § 1216.51(d)
that for peanuts placed under a
marketing assistance loan with the
Department’s Commodity Credit
Corporation, the Commodity Credit
Corporation or any entity determined by
the Commodity Credit Corporation shall
deduct and remit to the Board, from the
proceeds of the loan paid to the
producer, one (1%) percent of the loan
value of the peanuts as determined by
the warehouse receipt accompanying
such peanuts, no more than 60 days
after the last day of the month in which
the peanuts were placed under a
marketing assistance loan.
This rule also provides in § 1216.51(e)
that if a producer places peanuts under
a marketing assistance loan and
subsequently redeems and sells such
peanuts at a price greater than the loan
proceeds, the producer shall pay the
difference between the sales price and
the loan proceed value of the peanuts
multiplied by one (1%) percent to the
Board within sixty (60) days of the date
of sale.
An interim final rule concerning this
action was published in the Federal
Register on September 21, 2005 [70 FR
55225]. Copies of the rule were mailed
by the Board’s staff to all Board
PO 00000
Frm 00004
Fmt 4700
Sfmt 4700
members and made available to all
handlers. In addition, the rule was made
available through the Internet by USDA
and the Office of the Federal Register.
That rule provided for a 30-day
comment period which ended October
21, 2005.
One comment was received and it was
favorable to the rule as published. The
commenter however, did urge AMS to
make sure that in the case of the
producer who places peanuts under
loan and later redeems and sells them
for a price greater than the loan, the
handler who is paying the higher price
is responsible for collecting the
additional assessment due from the
producer. The commenter urges the
implementation of the interim final rule
as a final rule with this one change
concerning collection of assessments.
We disagree with that portion of the
comment that requests the handler to
collect the assessment from the
producer. When the peanuts are
redeemed from the loan, and sold at a
price greater than the loan, it is the
producer’s responsibility to pay the
additional assessment due. Because the
producer sells the peanuts and receives
the proceeds, the handler would not be
the appropriate party to collect in this
instance. Accordingly, no changes to the
rule are made as a result of this
comment.
After consideration of all relevant
material presented, including
comments, the Board’s
recommendation, and other
information, it is determined that
finalizing the interim final rule, without
change, as published in the Federal
Register (70 FR 55225) on September
21, 2005, is consistent with and will
effectuate the purpose of the Act.
List of Subjects in 7 CFR Part 1216
Administrative practice and
procedure, Advertising, Agricultural
research, Peanuts, Reporting and
recordkeeping requirements.
PART 1216—PEANUT PROMOTION,
RESEARCH AND INFORMATION
ORDER
Accordingly, the interim final rule
amending 7 CFR part 1216 which was
published at 70 FR 55225 on September
21, 2005, is adopted as a final rule
without change.
I
Dated: June 12, 2006.
Lloyd C. Day,
Administrator, Agricultural Marketing
Service.
[FR Doc. E6–9536 Filed 6–16–06; 8:45 am]
BILLING CODE 3410–02–P
E:\FR\FM\19JNR1.SGM
19JNR1
]]>Agencies
[Federal Register Volume 71, Number 117 (Monday, June 19, 2006)]
[Rules and Regulations]
[Pages 35145-35146]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-9536]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1216
[Docket No. FV-05-701-FR]
Amendment to the Peanut Promotion, Research, and Information
Order
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Agriculture (USDA) is adopting, as a final
rule, without change, an interim final rule to bring the sections of
the Peanut Promotion, Research and Information Order (Order), into
conformity with changes that have occurred since the implementation of
the Order with regard to the collection of assessments. This order is
issued under the authority of the Commodity Promotion, Research and
Information Act of 1996. This rule continues in effect changes to the
Order provisions on assessments and the deletion of a number of
obsolete definitions.
DATES: Effective July 19, 2006.
FOR FURTHER INFORMATION CONTACT: Deborah S. Simmons, Research and
Promotion Branch, Fruit and Vegetable Programs, AMS, USDA, Stop 0244,
1400 Independence Avenue, SW., Room 2535 South Building, Washington, DC
20250-0244; telephone (202) 720-9915 or fax (202) 205-2800.
SUPPLEMENTARY INFORMATION: This rule is issued under the Peanut
Promotion, Research and Information Order (7 CFR part 1216) as amended,
to bring the provisions of the Peanut Promotion, Research and
Information Order, into conformity with changes that have occurred
since the implementation of the Order with regard to the collection of
assessments, and deletion of a number of obsolete definitions,
hereinafter referred to as the ``Order.'' The Order is effective under
the Commodity Promotion, Research, and Information Act of 1996 (Act) (7
U.S.C. 7401-7425), hereinafter referred to as the ``Act.''
Executive Order 12988
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. This rule is not intended to have retroactive effect.
Section 524 of the Act provides that the Act shall not affect or
preempt any State or local laws authorizing promotion or research
relating to an agricultural commodity.
Under section 519 of the Act, a person subject to the Order may
file a petition with the Secretary of Agriculture (Secretary) stating
that the Order, any provision of the Order, or any obligation imposed
in connection with the Order, is not established in accordance with the
law, and requesting a modification of the Order or an exemption from
the Order. Any petition filed challenging the Order, any provision of
the Order, or any obligation imposed in connection with the Order,
shall be filed within two years after the effective date of the Order,
provision, or obligation subject to challenge in the petition. The
petitioner will have the opportunity for a hearing on the petition.
Thereafter, the Secretary will issue a ruling on a petition. The 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 the Secretary's final ruling.
This rule continues in effect changes to the Order to bring the
provisions of the Peanut Promotion, Research and Information Order,
into conformity with changes that have occurred since the
implementation of the Order with regard to the collection of
assessments. This order is issued under the authority of the Commodity
Promotion, Research and Information Act of 1996. This rule also
continues in effect changes to the Order for the deletion of a number
of obsolete definitions.
Executive Order 12866
The Office of Management and Budget (OMB) has waived the review
process required by Executive Order 12866 for this action.
Regulatory Flexibility Act and Paperwork Reduction Act
In accordance with the Regulatory Flexibility Act (RFA) [5 U.S.C.
601 et seq.], the Agency has examined the impact of this 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.
There are approximately 13,000 producers and 57 first handlers of
peanuts subject to the program. Most of the producers would be
classified as small businesses under the criteria established by the
Small Business Administration (SBA) [13 CFR 121.201]. Most first
handlers would not be classified as small businesses. The SBA defines
small agricultural handlers as those whose annual receipts are less
than $6 million, and small agricultural producers are defined as those
having annual receipts of not more than $500,000 annually.
A number of changes have occurred to Farm Service Agency loan
programs for peanuts since the 2002 Farm Bill. In view of this, and
taking into account alternatives, several provisions of the Order
needed to be updated. This final rule modifies Section 1216.51 of the
Order which deals with the collection process for assessments including
peanuts placed under marketing assistance loans. For loan peanuts, the
[[Page 35146]]
Commodity Credit Corporation will deduct and remit to the Board
assessments deducted from the proceeds of the loan. Producers are also
required to pay assessments directly to the Board in certain
circumstances.
This rule, however, does not alter the amount of the assessment or
the obligation of producers of peanuts to pay the assessment.
Additional changes are made to amend definitions and delete
definitions that are no longer needed. Accordingly, Sec. 1216.2
concerning additional peanuts, Sec. 1216.3 concerning area marketing
associations, Sec. 1216.6 concerning contract export additional
peanuts, and Sec. 1216.24 concerning quota peanuts are deleted.
There are no relevant Federal rules that duplicate, overlap, or
conflict with this final rule.
In accordance with the Office of Management and Budget (OMB)
regulation [5 CFR part 1320] which implements the Paperwork Reduction
Act of 1995 [44 U.S.C. Chapter 35], the information collection and
recordkeeping requirements that are imposed by this Order were
submitted to OMB for approval and were approved under OMB control
number 0581-0093. This proposal will not cause any change in the
information collection and recordkeeping requirement.
Additional changes are made to amend definitions and delete
definitions that are no longer needed. Accordingly, Sec. 1216.2
concerning additional peanuts, Sec. 1216.3 concerning area marketing
associations, Sec. 1216.6 concerning contract export additional
peanuts, and Sec. 1216.24 concerning quota peanuts are deleted.
Background
The Order became effective on July 29, 1999, after a national
referendum among all peanut producers. Under the Order, peanut
producers are assessed 1 percent of the total value of all farmers
stock peanuts, which currently generates about $6 million in annual
revenues. The program is administered by the Board under USDA
supervision.
The Board is composed of 10 members and 10 alternates, nominated by
producers and appointed by the Secretary of Agriculture. There is one
member and alternate for each of the nine primary peanut-producing
states and one at-large member and alternate representing all other
peanut-producing states.
Currently, the nine major peanut-producing states are (in
descending order) Georgia, Texas, Alabama, North Carolina, Florida,
Virginia, Oklahoma, New Mexico, and South Carolina. The minor peanut-
producing states are Arizona, Arkansas, California, Kansas, Louisiana,
Mississippi, Missouri, and Tennessee.
There is an assessment rate of 1 percent of the price paid for all
farmers stock peanuts sold. Peanut producers may sell their peanuts
commercially or put them in the market assistance loan program. For
peanuts sold commercially, the first handler will remit the assessment
to the Board.
Further Sec. 1216.51(d) currently provides that for peanuts placed
under loan with the Department's Commodity Credit Corporation, each
area marketing association shall remit to the Board the following: (1)
One (1) percent of the initial price paid for either quota or
additional peanuts no more than 60 days after the last day of the month
in which the peanuts were placed under loan; and (2) One (1) percent of
the profit from the sale of the peanuts within 60 days after the final
day of the area marketing association's fiscal year.
A number of changes have occurred to Farm Service Agency loan
program for peanuts since the 2002 Farm Bill. In view of this, the
Board submitted a request to amend the Order to update the collection
of assessments for all peanuts, including loan peanuts. This rule does
not alter the amount of the assessment or the obligation of producers
of peanuts to pay the assessment.
This rule does provide in Sec. 1216.51(d) that for peanuts placed
under a marketing assistance loan with the Department's Commodity
Credit Corporation, the Commodity Credit Corporation or any entity
determined by the Commodity Credit Corporation shall deduct and remit
to the Board, from the proceeds of the loan paid to the producer, one
(1%) percent of the loan value of the peanuts as determined by the
warehouse receipt accompanying such peanuts, no more than 60 days after
the last day of the month in which the peanuts were placed under a
marketing assistance loan.
This rule also provides in Sec. 1216.51(e) that if a producer
places peanuts under a marketing assistance loan and subsequently
redeems and sells such peanuts at a price greater than the loan
proceeds, the producer shall pay the difference between the sales price
and the loan proceed value of the peanuts multiplied by one (1%)
percent to the Board within sixty (60) days of the date of sale.
An interim final rule concerning this action was published in the
Federal Register on September 21, 2005 [70 FR 55225]. Copies of the
rule were mailed by the Board's staff to all Board members and made
available to all handlers. In addition, the rule was made available
through the Internet by USDA and the Office of the Federal Register.
That rule provided for a 30-day comment period which ended October 21,
2005.
One comment was received and it was favorable to the rule as
published. The commenter however, did urge AMS to make sure that in the
case of the producer who places peanuts under loan and later redeems
and sells them for a price greater than the loan, the handler who is
paying the higher price is responsible for collecting the additional
assessment due from the producer. The commenter urges the
implementation of the interim final rule as a final rule with this one
change concerning collection of assessments.
We disagree with that portion of the comment that requests the
handler to collect the assessment from the producer. When the peanuts
are redeemed from the loan, and sold at a price greater than the loan,
it is the producer's responsibility to pay the additional assessment
due. Because the producer sells the peanuts and receives the proceeds,
the handler would not be the appropriate party to collect in this
instance. Accordingly, no changes to the rule are made as a result of
this comment.
After consideration of all relevant material presented, including
comments, the Board's recommendation, and other information, it is
determined that finalizing the interim final rule, without change, as
published in the Federal Register (70 FR 55225) on September 21, 2005,
is consistent with and will effectuate the purpose of the Act.
List of Subjects in 7 CFR Part 1216
Administrative practice and procedure, Advertising, Agricultural
research, Peanuts, Reporting and recordkeeping requirements.
PART 1216--PEANUT PROMOTION, RESEARCH AND INFORMATION ORDER
0
Accordingly, the interim final rule amending 7 CFR part 1216 which was
published at 70 FR 55225 on September 21, 2005, is adopted as a final
rule without change.
Dated: June 12, 2006.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. E6-9536 Filed 6-16-06; 8:45 am]
BILLING CODE 3410-02-P
