Pears Grown in Oregon and Washington; Tomatoes Grown in Florida; and Walnuts Grown in California; Section 610 Reviews, 14400 [E8-5360]

Agencies

• Agricultural Marketing Service
• DEPARTMENT OF AGRICULTURE

[Federal Register Volume 73, Number 53 (Tuesday, March 18, 2008)]
[Proposed Rules]
[Page 14400]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-5360]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 73, No. 53 / Tuesday, March 18, 2008 / 
Proposed Rules

[[Page 14400]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Parts 927, 966, and 984

[Docket Nos. AMS-FV-08-0008, FV08-927-610 Review; AMS-FV-08-0009, FV08-
966-610 Review; AMS-FV-08-0010, FV08-984-610 Review]


Pears Grown in Oregon and Washington; Tomatoes Grown in Florida; 
and Walnuts Grown in California; Section 610 Reviews

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Notice of Review and Request for Comments.

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SUMMARY: This document announces that the Agricultural Marketing 
Service (AMS) plans to review Marketing Order 927 (Pears Grown in 
Oregon and Washington), Marketing Order 966 (Tomatoes Grown in 
Florida), and Marketing Order 984 (Walnuts Grown in California) under 
the criteria contained in section 610 of the Regulatory Flexibility Act 
(RFA).

DATES: Written comments on this notice must be received by May 19, 
2008.

ADDRESSES: Interested persons are invited to submit written comments 
concerning this notice of review. Comments must 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 Internet: https://
www.regulations.gov. All comments should reference the docket number 
and the date and page number of this issue of the Federal Register and 
will be made available for public inspection in the Office of the 
Docket Clerk during regular business hours, or may be viewed at https://
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Gary D. Olson, Northwest Marketing 
Field Office, Marketing Order Administration Branch, Fruit and 
Vegetable Programs, AMS, USDA, Portland, Oregon; Telephone: (503) 326-
2724; Fax: (503) 326-7440; or E-mail: GaryD.Olson@usda.gov regarding 
the Oregon-Washington pear marketing order; Christian Nissen, Southeast 
Marketing Field Office, Marketing Order Administration Branch, Fruit 
and Vegetable Programs, AMS, USDA, Winter Haven, Florida; Telephone: 
(863) 324-3375; Fax: (863) 325-8793; or E-mail: 
Christian.Nissen@usda.gov regarding the Florida tomato marketing order; 
or Kurt J. Kimmel, California Marketing Field Office, Marketing Order 
Administration Branch, Fruit and Vegetable Programs, AMS, USDA, Fresno, 
California; Telephone: (559) 487-5901; Fax: (559) 487-5906; or E-mail: 
Kurt.Kimmel@USDA.gov regarding the California walnut marketing order.

SUPPLEMENTARY INFORMATION: Marketing Order No. 927, as amended (7 CFR 
part 927), regulates the handling of pears grown in Oregon and 
Washington. Marketing Order No. 966, as amended (7 CFR part 966), 
regulates the handling of tomatoes grown in Florida. Marketing Order 
No. 984, as amended (7 CFR part 984), regulates the handling of walnuts 
grown in California. These marketing orders are effective under the 
Agricultural Marketing Agreement Act of 1937 (AMAA), as amended (7 
U.S.C. 601-674).
    AMS initially published in the Federal Register on February 18, 
1999 (64 FR 8014), its plan to review certain regulations, including 
Marketing Order Nos. 927, 966, and 984, under criteria contained in 
section 610 of the RFA (5 U.S.C. 601-612). Due to certain changes and 
additions, updated plans were published in the Federal Register on 
January 4, 2002 (67 FR 525), August 14, 2003 (68 FR 48574), and finally 
on March 24, 2006 (71 FR 14827). Because many AMS regulations impact 
small entities, AMS has 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, warrant review.
    The Florida tomato marketing order originally was scheduled for 
review in 2002. A notice of review and request for comments was 
published in the Federal Register on June 24, 2002 (67 FR 425303). One 
comment was received as a result of that notice. To the extent 
relevant, that comment will be taken into consideration in this review.
    The purpose of the review will be to determine whether the 
marketing orders for Oregon and Washington pears, Florida tomatoes, and 
California walnuts should be continued without change, amended, or 
terminated (consistent with the objectives of the AMAA) to minimize the 
impacts on small entities. In conducting these reviews, AMS will 
consider the following factors: (1) The continued need for each of the 
marketing orders; (2) the nature of complaints or comments received 
from the public concerning these marketing orders; (3) the complexity 
of these marketing orders; (4) the extent to which these marketing 
orders overlap, duplicate, or conflict with other Federal rules, and, 
to the extent feasible, with State and local governmental rules; and 
(5) the length of time since these marketing orders have been 
evaluated, or the degree to which technology, economic conditions, or 
other factors have changed in the areas affected by these marketing 
orders.
    Written comments, views, opinions, and other information regarding 
the impact these marketing orders have on small businesses are invited.

    Dated: March 12, 2008.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
 [FR Doc. E8-5360 Filed 3-17-08; 8:45 am]
BILLING CODE 3410-02-P