[Federal Register Volume 72, Number 85 (Thursday, May 3, 2007)]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-8443]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 930
[Docket No. AMS-FV-06-0186; FV06-930-610 REVIEW]
Tart Cherries Grown in the States of Michigan, et al.; Section
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Confirmation of regulations.
SUMMARY: This action summarizes the results under the criteria
contained in section 610 of the Regulatory Flexibility Act (RFA), of an
Agricultural Marketing Service (AMS) review of Marketing Order No. 930
regulating the handling of tart cherries grown in the States of
Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and
ADDRESSES: Interested persons may obtain a copy of the review. Requests
for copies should be sent to the Docket Clerk, Marketing Order
Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1400
Independence Avenue, SW., STOP 0237, Washington, DC 20250-0237; Fax:
(202) 720-8938; or e-mail: email@example.com. The review may
also be viewed online at: https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Patricia A. Petrella or Kenneth G.
Johnson, Marketing Order Administration Branch, Fruit and Vegetable
Programs, AMS, USDA, Unit 155, 4700 River Road, Riverdale, MD 20737;
Telephone: (301) 734-5243, Fax: (301) 734-5275; or E-mail:
Patricia.Petrella@usda.gov or Kenneth.Johnson@usda.gov.
SUPPLEMENTARY INFORMATION: Marketing Order 930, as amended (7 CFR part
930), regulates the handling of tart cherries grown in the States of
Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and
Wisconsin. The marketing order is effective under the Agricultural
Marketing Agreement Act of 1937 (Act), as amended (7 U.S.C. 601-674).
The tart cherry marketing order establishes the Cherry Industry
Administrative Board (Board) as the administrative body charged with
overseeing program operations. Staff is hired to conduct the daily
administration of the program. The Board consists of 18 producer and
handler members, plus one member who represents the public. There are
seven grower members and seven handler members, and four members that
can be either growers or handlers. Each member has an alternate.
Members and alternate members are elected through a mail balloting
Currently, there are approximately 900 tart cherry growers and
approximately 40 handlers. The majority of the growers and handlers may
be classified as small entities. The regulations implemented under the
order are applied uniformly to all size entities, and are designed to
benefit all entities, regardless of size.
AMS published in the Federal Register (64 FR 8014; February 18,
1999), its plan to review certain regulations, including Marketing
Order 930, under criteria contained in section 610 of the RFA (5 U.S.C.
601-612). Updated plans were published in the Federal Register on
January 4, 2002 (67 FR 525), August 14, 2003 (68 FR 48574), and again
on March 24, 2006 (71 FR 14827). Accordingly, AMS published a notice of
review and request for written comments on the tart cherry marketing
order in the February 21, 2006, issue of the Federal Register (71 FR
8810). The deadline for comments ended April 24, 2006. No comments were
The review was undertaken to determine whether the tart cherry
marketing order should be continued without change, amended, or
rescinded to minimize the impacts on small entities. In conducting this
review, AMS considered the following factors: (1) The continued need
for the marketing order; (2) the nature of complaints or comments
received from the public concerning the marketing order; (3) the
complexity of the marketing order; (4) the extent to which the
marketing order overlaps, duplicates, or conflicts with other Federal
rules, and, to the extent feasible, with State and local governmental
rules; and (5) the length of time since the marketing order has been
evaluated or the degree to which technology, economic conditions, or
other factors have changed in the area affected by the marketing order.
The marketing order authorizes the following activities: Volume
control in the form of free and restricted percentages and
establishment of a reserve pool; production and processing
research, marketing research and development, and promotional
activities; reporting requirements for collection and dissemination of
production, shipment, and other marketing information; and quality
control, including inspection requirements.
The volume control provisions of the order have helped stabilize
supplies and prices of tart cherries. Recently, a generic domestic
promotion program has been implemented with the intent of increasing
consumer demand. The compilation and dissemination of aggregate
statistical information collected from handlers is used by the industry
to make informed production and marketing decisions.
Minimum quality standards and inspection requirements, and
production and marketing research, have not been implemented by the
industry but the marketing order contains provisions for such programs
should the industry determine it would be beneficial to implement them.
Funds to administer the marketing order are obtained from handler
Based on the potential benefits of the marketing order to
producers, handlers, and consumers, AMS has determined that the order
should continue without change.
In regard to complaints or comments received from the public
regarding this review, USDA has not received any comments from
interested parties on this action.
In considering the order's complexity, AMS has determined that the
marketing order is not unduly complex.
During the review, the order was also checked for duplication and
overlap with other regulations. AMS did not identify any relevant
Federal rules, or State and local regulations that duplicate, overlap,
or conflict with the marketing order for tart cherries.
The marketing order was established in 1996. Since its inception,
AMS and the tart cherry industry have continuously monitored its
operations. Changes in regulations have been implemented to reflect
current industry operating practices, and to solve marketing problems
as they occur. 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.
The Board meets whenever needed, but at least bi-annually, to
discuss the marketing order and the various regulations issued
thereunder, and to determine if, or what, changes may be necessary to
reflect current industry practices. As a result, numerous regulatory
changes have been made over the years to address industry operation
changes and to improve program administration. The marketing order has
been amended three times since its inception and several changes to the
administrative rules and regulations have been implemented over the
years to ensure the program continues to meet the industry's needs.
Accordingly, AMS has determined that the tart cherry marketing
order should be continued. The marketing order was established to help
the tart cherry industry work with USDA to solve marketing problems.
The marketing order continues to be beneficial to producers, handlers,
AMS will continue to work with the tart cherry industry in
maintaining an effective program.
Dated: April 27, 2007.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. E7-8443 Filed 5-2-07; 8:45 am]
BILLING CODE 3410-02-P