Tart Cherries Grown in the States of Michigan, et al.; Section 610 Review, 24553-24554 [E7-8443]
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Federal Register / Vol. 72, No. 85 / Thursday, May 3, 2007 / Proposed Rules
This proposed rule would impose no
additional reporting or recordkeeping
requirements on either small or large
California grape 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.
The AMS is committed to complying
with the E-Government Act, to promote
the use of the Internet and other
technologies to provide increased
opportunities for citizen access to
Government information and services,
and for other purposes.
USDA has not identified any relevant
Federal rules that duplicate, overlap, or
conflict with this rule.
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/
fv/moab.html. Any questions about the
compliance guide should be sent to Jay
Guerber at the previously mentioned
address in the FOR FURTHER INFORMATION
CONTACT section.
A 30-day comment period is provided
to allow interested persons to respond
to this proposed rule. Thirty days is
deemed appropriate because: (1) The
2007 fiscal period began on January 1,
2007, and the marketing order requires
that the rate of assessment for each
fiscal period apply to all assessable
grapes handled during such period; (2)
the industry could be shipping grapes
beginning April 20, 2007; (3) the
committee needs to have sufficient
funds to pay its expenses which are
incurred on a continuous basis; and (4)
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.
List of Subjects in 7 CFR Part 925
Grapes, Marketing agreements,
Reporting and recordkeeping
requirements.
For the reasons set forth in the
preamble, 7 CFR part 925 is proposed to
be amended as follows:
PART 925—GRAPES GROWN IN A
DESIGNATED AREA OF
SOUTHEASTERN CALIFORNIA
mmaher on DSK3CLS3C1PROD with $$_JOB
1. The authority citation for 7 CFR
part 925 continues to read as follows:
Authority: 7 U.S.C. 601–674.
2. Section 925.215 is revised to read
as follows:
§ 925.215
Assessment rate.
On and after January 1, 2007, an
assessment rate of $0.0200 per 18-pound
VerDate Mar 15 2010
05:04 Aug 19, 2011
Jkt 223001
lug is established for grapes grown in a
designated area of southeastern
California.
Dated: April 27, 2007.
Lloyd C. Day,
Administrator, Agricultural Marketing
Service.
[FR Doc. E7–8458 Filed 5–2–07; 8:45 am]
BILLING CODE 3410–02–P
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 610 Review
Agricultural Marketing Service,
USDA.
ACTION: Confirmation of regulations.
AGENCY:
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
Wisconsin.
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: moab.docketclerk@usda.gov.
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).
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Fmt 4702
Sfmt 4702
24553
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 process.
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 received.
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
E:\FEDREG\03MYP1.LOC
03MYP1
mmaher on DSK3CLS3C1PROD with $$_JOB
24554
Federal Register / Vol. 72, No. 85 / Thursday, May 3, 2007 / Proposed Rules
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 assessments.
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
VerDate Mar 15 2010
05:04 Aug 19, 2011
Jkt 223001
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, and
consumers.
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
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 12, 23, 42, and 52
[FAR Case 2005–039; Docket 2007–0001;
Sequence 2]
RIN 9000–AK69
Federal Acquisition Regulation; FAR
Case 2005–039, Use of Products
Containing Recovered Materials In
Service and Construction Contracts
AGENCIES: Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Proposed rule.
SUMMARY: The Civilian Agency
Acquisition Council and the Defense
Acquisition Regulations Council
(Councils) are proposing to amend the
Federal Acquisition Regulation (FAR) to
clarify language within the FAR on the
use of products containing recovered
materials, pursuant to the Resource
Conservation and Recovery Act of 1976,
and Executive Order 13101 ‘‘Greening
the Government Through Waste
Prevention, Recycling, and Federal
Acquisition.’’
PO 00000
Frm 00004
Fmt 4702
Sfmt 4702
Interested parties should submit
written comments to the FAR
Secretariat on or before July 2, 2007 to
be considered in the formulation of a
final rule.
ADDRESSES: Submit comments
identified by FAR case 2005–039 by any
of the following methods:
<bullet≤ Federal eRulemaking Portal:
https://www.regulations.gov. Search for
any document by first selecting the
proper document types and selecting
‘‘Federal Acquisition Regulation’’ as the
agency of choice. At the ‘‘Keyword’’
prompt, type in the FAR case number
(for example, FAR Case 2006–001) and
click on the ‘‘Submit’’ button. Please
include any personal and/or business
information inside the document.
You may also search for any
document by clicking on the ‘‘Advanced
search/document search’’ tab at the top
of the screen, selecting from the agency
field ‘‘Federal Acquisition Regulation’’,
and typing the FAR case number in the
keyword field. Select the ‘‘Submit’’
button.
<bullet≤ Fax: 202–501–4067.
<bullet≤ Mail: General Services
Administration, Regulatory Secretariat
(VIR), 1800 F Street, NW, Room 4035,
ATTN: Laurieann Duarte, Washington,
DC 20405.
Instructions: Please submit comments
only and cite FAR case 2005–039 in all
correspondence related to this case. All
comments received will be posted
without change to https://
www.regulations.gov, including any
personal and/or business confidential
information provided.
FOR FURTHER INFORMATION CONTACT: Mr.
William Clark, Procurement Analyst, at
(202) 219–1813 for clarification of
content. For information pertaining to
status or publication schedules, contact
the FAR Secretariat at (202) 501–4755.
Please cite FAR case 2005–039.
SUPPLEMENTARY INFORMATION:
DATES:
A. Background
DOD, GSA, and NASA propose to
amend the Federal Acquisition
Regulation (FAR) to clarify language
within the FAR on the use of products
containing recovered materials,
pursuant to the Resource Conservation
and Recovery Act of 1976, and
Executive Order 13101 ‘‘Greening the
Government Through Waste Prevention,
Recycling, and Federal Acquisition.’’
The Councils are aware that Executive
Order 13423, ‘‘Strengthening Federal
Environmental, Energy, and
Transportation Management,’’ revoked
E.O. 13101; however, E.O. 13101 is not
eliminated from Subpart 23.4 under this
rule, as other conforming changes will
E:\FEDREG\03MYP1.LOC
03MYP1
]]>Agencies
[Federal Register Volume 72, Number 85 (Thursday, May 3, 2007)]
[Proposed Rules]
[Pages 24553-24554]
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
610 Review
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
Wisconsin.
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: moab.docketclerk@usda.gov. 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
process.
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
received.
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
[[Page 24554]]
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
assessments.
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,
and consumers.
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
