Pistachios Grown in California; Change in Reporting Requirements, 18703-18706 [08-1109]

Download as PDF Federal Register / Vol. 73, No. 67 / Monday, April 7, 2008 / Rules and Regulations Executive Order 12372 This program/activity is listed in the Catalog of Federal Domestic Assistance under No. 10.025 and is subject to Executive Order 12372, which requires intergovernmental consultation with State and local officials. (See 7 CFR part 3015, subpart V.) Executive Order 12988 This rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule: (1) Preempts all State and local laws and regulations that are inconsistent with this rule; (2) has no retroactive effect; and (3) does not require administrative proceedings before parties may file suit in court challenging this rule. Paperwork Reduction Act This interim rule contains no information collection or recordkeeping requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). List of Subjects in 7 CFR Part 301 Agricultural commodities, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements, Transportation. I Accordingly, we are amending 7 CFR part 301 as follows: PART 301—DOMESTIC QUARANTINE NOTICES to the line of latitude 33.1809° N; then east along the line of latitude 33.1809° N to the Throckmorton/Young County line at the line of longitude ¥98.9527° W; then north along the line of longitude ¥98.9527° W to the line of latitude 33.2836° N; then west along the line of latitude 33.2836° N to the point of beginning. Young County. Beginning in the northwestern portion of the county at the line of longitude ¥98.9527° W and the line of latitude 33.2836° N; then south along the line of longitude ¥98.9527° W to the line of latitude 33.1809° N; then east along the line of latitude 33.1809° N to the line of longitude ¥98.8762° W; then north along the line of longitude ¥98.8762° W to the line of latitude 33.1946° N; then east along the line of latitude 33.1946° N to the line of longitude ¥98.8356° W; then north along the line of longitude ¥98.8356° W to the line of latitude 33.2880° N; then west along the line of latitude 33.2880° N to the line of longitude ¥98.9430° W; then south along the line of longitude ¥98.9430° W to the line of latitude 33.2836° N; then west along the line of latitude 33.2836° N to the point of beginning. Done in Washington, DC, this 1st day of April 2008. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. E8–7194 Filed 4–4–08; 8:45 am] I 1. The authority citation for part 301 continues to read as follows: BILLING CODE 3410–34–P Authority: 7 U.S.C. 7701–7772 and 7781– 7786; 7 CFR 2.22, 2.80, and 371.3. Section 301.75–15 issued under Sec. 204, Title II, Public Law 106–113, 113 Stat. 1501A–293; sections 301.75–15 and 301.75– 16 issued under Sec. 203, Title II, Public Law 106–224, 114 Stat. 400 (7 U.S.C. 1421 note). DEPARTMENT OF AGRICULTURE I 2. In § 301–89.3, paragraph (g) is amended under the heading ‘‘Texas’’ by removing the entries for Baylor County and Knox County and by revising the entries for Throckmorton County and Young County to read as follows: § 301.89–3 * Regulated areas. * * (g) * * * * * rfrederick on PROD1PC67 with RULES Texas Throckmorton County. Beginning in the northeastern portion of the county at the line of longitude ¥98.9921° W and the line of latitude 33.2836° N; then south along the line of longitude ¥98.9921° W to the line of latitude 33.2055° N; then east along the line of latitude 33.2055° N to the line of longitude ¥98.9891° W; then south along the line of longitude ¥98.9891° W VerDate Aug<31>2005 16:14 Apr 04, 2008 Jkt 214001 Agricultural Marketing Service 7 CFR Part 983 [Docket No. AMS–FV–07–0095; FV07–983– 2 FR] Pistachios Grown in California; Change in Reporting Requirements Agricultural Marketing Service, USDA. ACTION: Final rule. AGENCY: SUMMARY: This rule changes the current reporting requirements prescribed under the California pistachio marketing order (order). The order regulates the handling of pistachios grown in California and is administered locally by the Administrative Committee for Pistachios (committee). These changes will modify one existing committee form and add a new form to a currentlyapproved information collection. The information collected will require handlers to report production and producer data, enabling the committee PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 18703 to obtain better information for preparing its annual marketing policy statement and conducting committee nominations and periodic referenda under the order. DATES: Effective Date: April 8, 2008. FOR FURTHER INFORMATION CONTACT: Terry Vawter, Senior Marketing Specialist, or Kurt J. Kimmel, Regional Manager, California Marketing Field Office, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA; Telephone: (559) 487– 5901, Fax: (559) 487–5906, or E-mail: Terry.Vawter@usda.gov or Kurt.Kimmel@usda.gov. Small businesses may request information on complying with this regulation by contacting Jay Guerber, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence Avenue, SW., STOP 0237, Washington, DC 20250–0237; Telephone: (202) 720– 2491, Fax: (202) 720–8938, or E-mail: Jay.Guerber@usda.gov. This final rule is issued under Marketing Order No. 983 (7 CFR part 983), regulating the handling of pistachios grown in California, hereinafter referred to as the ‘‘order.’’ The order is effective under the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601–674), hereinafter referred to as the ‘‘Act.’’ The Department of Agriculture (USDA) is issuing this rule in conformance with Executive Order 12866. This final rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule is not intended to have retroactive effect. This rule will not preempt any State or local laws, regulations, or policies, unless they present an irreconcilable conflict with this rule. The Act provides that administrative proceedings must be exhausted before parties may file suit in court. Under section 608c(15)(A) of the Act, any handler subject to an order may file with USDA a petition stating that the order, any provision of the order, or any obligation imposed in connection with the order is not in accordance with law and request a modification of the order or to be exempted therefrom. A handler is afforded the opportunity for a hearing on the petition. After the hearing, USDA would rule on the petition. The Act provides that the district court of the United States in any district in which the handler is an inhabitant, or has his or her principal place of business, has jurisdiction to review USDA’s ruling on the petition, provided an action is filed SUPPLEMENTARY INFORMATION: E:\FR\FM\07APR1.SGM 07APR1 rfrederick on PROD1PC67 with RULES 18704 Federal Register / Vol. 73, No. 67 / Monday, April 7, 2008 / Rules and Regulations not later than 20 days after the date of the entry of the ruling. This final rule changes the reporting requirements prescribed under the order. These changes will modify one committee form and add a new form to the currently-approved information collection. The new form will require handlers to report production and producer data. This new data will enable the committee to obtain better information for preparing its annual marketing policy statement and for conducting committee nominations and periodic referenda for pistachio producers. These changes were unanimously recommended by the committee on April 2, 2007. Under § 983.47 handlers are required to furnish such reports as the committee, with the approval of the Secretary, needs to enable the Secretary and the committee to perform their functions. As a result of a producer referendum, the California Pistachio Commission (CPC), a California State marketing program, was terminated in the spring of 2007. Data historically collected by the CPC and shared with the committee is no longer available. Such data includes information on the total available supply of pistachios grown in California and on the producers who produced the pistachios. Thus, the committee unanimously recommended changes to its reporting requirements to capture information necessary for the effective administration of the Federal order that is no longer available through the CPC. Specifically, the committee recommended revising its current ACP Form 7, ‘‘Monthly Report of Inventory/ Shipments,’’ and creating a new form, ACP Form 8, ‘‘Producer Delivery Report.’’ These forms will allow the committee to collect production, producer, inventory, and shipment data from handlers. Requiring handlers to report such data will enable the committee to obtain better information on the total available supply of pistachios grown in California and to contact pistachio producers. The order requires the committee to prepare an annual marketing policy statement, pursuant to § 983.37. Several elements are required for an acceptable marketing policy statement: production, harvesting, processing, and storage conditions data. The committee is also required to hold annual nominations for seats on the committee, and USDA is required to conduct periodic continuance referenda. The committee needs producer and production data to fulfill order requirements. VerDate Aug<31>2005 15:06 Apr 04, 2008 Jkt 214001 Currently on the ACP Form 7, all handlers must report their beginning inventory, grower deliveries, shipments of pistachios to the domestic market, interhandler transfers, non-handler purchases of California product, inventory adjustments on split and shelled pistachios, and ending inventory on a monthly basis. This final rule will remove the requirement to report inventory adjustments to split and shelled pistachios, as the committee believes that this information is no longer needed. This final rule will also require handlers to report their export shipments. Export data was previously collected by the CPC and provided by some handlers voluntarily to the committee. On the new form, ACP Form 8, ‘‘Producer Delivery Report,’’ handlers will be required to annually provide the names of the producers who deliver pistachios to them, the producers’ mailing addresses and other contact information (telephone and facsimile numbers and e-mail addresses), the producers’ employer identification numbers, total receipts of pistachios from each producer, and the counties in which the pistachios were grown. These reports will allow the committee to identify all authorized voters for committee selections and referenda in which each business entity is entitled to cast one vote. Individual producers may produce and deliver pistachios under more than one business entity. The information collected on this report will also allow the committee to determine whether individual producers are eligible to represent more than one business entity, based upon Federal Tax Identification numbers. The information on producer deliveries will also allow the committee to track deliveries to handlers and verify that handlers pay the appropriate assessments on pistachios they receive. This information will also streamline handler audits for committee staff. Pursuant to § 983.147(c), handlers who handle less than 5,000 pounds annually will be exempt from filing ACP Form 8. These small handlers tend to be producers who handle their own production only and are known to the committee in their producer, as well as their handler, capacity. Therefore, the committee already has business entity, production, and contact information on the producers that are also exempt handlers. Such information will provide the committee with production and producer data to enhance the administration of the order. An electronic version of the form will be PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 available to those handlers who file electronically. Since the addition of ACP Form 8 will require changes to the order’s rules and regulations, § 983.147 will be modified to add a new paragraph (g), and to redesignate current paragraphs (g) and (h) as paragraphs (h) and (i). Final Regulatory Flexibility Analysis Pursuant to requirements set forth in the Regulatory Flexibility Act (RFA), AMS has considered the economic impact of this action on small entities. Accordingly, AMS has prepared this final regulatory flexibility analysis. The purpose of the RFA is to fit regulatory actions to the scale of business subject to such actions in order that small businesses will not be unduly or disproportionately burdened. Marketing orders issued pursuant to the Act, and the rules issued thereunder, are unique in that they are brought about through group action of essentially small entities acting on their own behalf. There are approximately 740 producers in the production area and approximately 50 handlers of California pistachios subject to regulation under the order. The Small Business Administration (SBA) (13 CFR 121.201) defines small agricultural producers as those having annual receipts less than $750,000, and defines small agricultural service firms as those whose annual receipts are less than $6,500,000. Of the 740 producers, approximately 722 have annual receipts of less than $750,000. Forty-two of the 50 handlers subject to regulation have annual pistachio receipts of less than $6,500,000. Thus, the majority of producers and handlers of California pistachios may be classified as small entities. This final rule will change § 983.147 of the order’s regulations, and revise a currently-approved information collection. The committee determined that production data the CPC previously collected and made available to the committee was still necessary for the efficient operation of the program. Therefore, the committee agreed that it should require handlers to report production and shipment data directly to the committee. In order to receive this data, the committee unanimously recommended that current ACP Form 7, ‘‘Monthly Report of Inventory/ Shipments,’’ be revised and that a new form, ACP Form 8, ‘‘Producer Delivery Report,’’ be developed. Authority for these changes is provided in § 983.47. On April 2, 2007, the committee deliberated on the value of revising the current form and requiring the new form, and discussed alternatives. It E:\FR\FM\07APR1.SGM 07APR1 rfrederick on PROD1PC67 with RULES Federal Register / Vol. 73, No. 67 / Monday, April 7, 2008 / Rules and Regulations determined that the only alternative would be to not collect such industry data. However, the order requires the committee to prepare an annual marketing policy statement. Several elements are required for an acceptable marketing policy statement: Production, harvesting, processing, and storage conditions data. The committee is also required to hold annual nominations for seats on the committee, and USDA is required to conduct periodic continuance referenda. Thus, the committee needs this data to fulfill order requirements. The revised ACP Form 7 and the new ACP Form 8 have been approved by the Office of Management and Budget (OMB) under OMB No. 0581–0215, ‘‘Pistachios Grown in California.’’ As with other marketing order programs, reports and forms are periodically reviewed to reduce information requirements and duplication by industry and public sector agencies. This final rule will impose additional reporting and recordkeeping burdens on handlers. However, any additional burden is expected to be offset by the efficient operation of the order. Handlers will continue to file the ACP Form 7 monthly and will file the ACP Form 8 annually, but the data collected will serve multiple purposes and streamline committee operations. In addition, as noted in the initial regulatory flexibility analysis, USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this final rule. AMS is committed to complying with the E-Government Act to promote the use of the Internet and other information technologies to provide increased opportunities for citizen access to government information and services, and for other purposes. Further, the committee’s meeting was widely publicized throughout the pistachio industry and all interested persons were encouraged to attend the meeting and participate in the committee’s deliberations. Like all committee meetings, the April 2, 2007, meeting was a public meeting, and entities of all sizes were encouraged to express their views on these issues. A proposed rule was published in the Federal Register on September 7, 2007 (72 FR 173). Copies of the proposed rule were mailed or sent via facsimile to all committee members and handlers. Finally, the proposed rule was made available through the Internet, USDA and the Office of the Federal Register. A 60-day comment period ending November 6, 2007, was provided to allow interested persons to respond to VerDate Aug<31>2005 15:06 Apr 04, 2008 Jkt 214001 the proposal. One opposing comment was received. The commenter was opposed to the committee collecting and disseminating monthly export shipment and inventory data from handlers. According to the commenter, this data, when collected by the CPC in the past, proved valuable in evaluating market conditions and measuring the effectiveness of marketing efforts by the industry. However, the commenter stated that the export data is no longer necessary because the Federal order only regulates domestically shipped product and not exports. The commenter also expressed concern with the accuracy of the inventory data, and contends that such discrepancies are deliberate or accidental errors in the reporting to the committee. The commenter stated a preference for standardized inventory reporting practices because there are no standards for determining inventory levels. The commenter argues that, without set procedures, handlers could easily manipulate their reported inventory to seek competitive advantage in the marketplace. Regarding the concerns about export shipments, the order provides authority for the collection of information from handlers, which includes shipment data. The committee believes that this information is valuable to the industry, and unanimously voted to collect this information under the Federal order. Regarding the concerns about the accuracy of the monthly inventory data, the ACP–7 requires handlers to report an ‘‘inventory adjustment’’ figure, which is an adjustment to inventory due to issues including splitting, shelling, shrink, and loss of product. According to committee staff, there is variability in the way handlers store and manage their pistachios, which creates differences in how handlers report inventory adjustments. The committee is exploring ways to improve the accuracy of this information. Accordingly, no changes will be made to this rule based on the comment received. A small business guide on complying with fruit, vegetable, and specialty crop marketing agreements and orders may be viewed at: http://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. After consideration of all relevant material presented, including the information and recommendation submitted by the committee and other available information, it is hereby found that this rule, as hereinafter set forth, PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 18705 will tend to effectuate the declared policy of the Act. Pursuant to 5 U.S.C. 553, it is also found and determined that good cause exists for not postponing the effective date of this rule until 30 days after publication in the Federal Register because the data required through this rule is no longer available from the CPC, and the committee needs this information to ensure proper administration of the Federal order. Further, handlers are aware of this rule, which was unanimously recommended by the committee at a public meeting. Also, a 60-day comment period was provided for the proposed rule. List of Subjects in 7 CFR Part 983 Pistachios, Marketing agreements and orders, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, 7 CFR part 983 is amended as follows: I PART 983—PISTACHIOS GROWN IN CALIFORNIA 1. The authority citation for 7 CFR part 983 continues to read as follows: I Authority: 7 U.S.C. 601–674. 2. In § 983.147, current paragraphs (g) and (h) are redesignated as paragraphs (h) and (i), and a new paragraph (g) is added to read as follows: I § 983.147 Reports. * * * * * (g) ACP–8, Producer Delivery Report. Each handler of pistachios shall file this report with the committee by the 15th day of December of each production year: Provided, That for the 2007–08 production year, handlers must file this report with the committee by April 17, 2008, to report his/her receipts of pistachios during the current production year, the names of the handlers’ producing entities, business type, and the following information concerning each producing entity: Federal Tax Identification number; mailing and e-mail address; telephone and fax number; total bearing acres; county of production; and for the current production year, the total receipts of open inshell, closed shell, shelling stock of each producing entity; and total pounds of processed pistachios produced by each producing entity. * * * * * E:\FR\FM\07APR1.SGM 07APR1 18706 Federal Register / Vol. 73, No. 67 / Monday, April 7, 2008 / Rules and Regulations Dated: April 2, 2008. Lloyd C. Day, Administrator, Agricultural Marketing Service. [FR Doc. 08–1109 Filed 4–3–08; 1:02 pm] BILLING CODE 3410–02–P DEPARTMENT OF TRANSPORATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2008–0392; Directorate Identifier 2008–CE–022–AD; Amendment 39–15451; AD 2008–07–10] 2120–AA64 Airworthiness Directives; Hawker Beechcraft Corporation Models B200, B200GT, B300, and B300C Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule; request for comments. rfrederick on PROD1PC67 with RULES AGENCY: Discussion SUMMARY: The FAA is adopting a new airworthiness directive (AD) for certain Hawker Beechcraft Corporation (HBC) Models B200, B200GT, B300, and B300C airplanes. This AD requires you to fabricate and install a placard incorporating information that limits operation when there is known or forecast icing and requires you to replace a section of the pneumatic supply tube for the tail deice system with a new tube of a different material. This AD results from reports of collapsed tail deice boot pneumatic supply tubes. We are issuing this AD to prevent collapsed pneumatic supply tubes, which could result in failure of the tail deice boots to operate. This failure could lead to loss of control in icing conditions. DATES: This AD becomes effective on April 10, 2008. On April 10, 2008 the Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD. We must receive any comments on this AD by June 6, 2008. ADDRESSES: Use one of the following addresses to comment on this AD. • Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments. • Fax: (202) 493–2251. • Mail: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590. • Hand Delivery: U.S. Department of Transportation, Docket Operations, M– VerDate Aug<31>2005 15:06 Apr 04, 2008 Jkt 214001 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. To get the service information identified in this AD, contact Hawker Beechcraft Corporation, P.O. Box 85, Wichita, Kansas 67201–0085; telephone: (800) 429–5372 or (316) 676–3140. To view the comments to this AD, go to http://www.regulations.gov. The docket number is FAA–2008–0392; Directorate Identifier 2008–CE–022–AD. FOR FURTHER INFORMATION CONTACT: Don Ristow, Aerospace Engineer, Wichita Aircraft Certification Office, 1801 Airport Road, Room 100, Wichita, Kansas 67209; telephone: (316) 946– 4120; fax: (316) 946–4107. SUPPLEMENTARY INFORMATION: We received information of reports of collapsed pneumatic tubes, which supply pressure and vacuum to the horizontal stabilizer deice boots. With the introduction of an improved environmental control system, a section of the pneumatic deice tube located in the aft evaporator bay is subject to higher than normal temperature. This high heat in the aft evaporator bay may cause the tubing to soften and collapse undetected and permanently block flow to and from the deice boots. The pilot’s operating handbook specifies to visually check deicing boots, where possible, for inflation and hold down function when ice protection equipment is required. However, the tail deice boots are not visible from the cockpit during the check. Since the collapse of the pneumatic deice supply tube is caused by the use of cabin heat, there is the possibility that the condition could occur after preflight verification of operation. Icing conditions and the use of cabin heat would be a normal operational mode. In February 2008, HBC issued a safety communique to inform flight crews of the potential for collapsed pneumatic supply tubes and recommended flight crews avoid flight into icing conditions. This condition, if not corrected, could result in failure of the tail deice boots to operate. This failure could lead to loss of control in icing conditions. Relevant Service Information We reviewed Hawker Beechcraft Mandatory Service Bulletin SB 30–3889, Issued: March 2008. The service information describes procedures for replacement of tail deice boot pneumatic supply tubes. PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 FAA’s Determination and Requirements of This AD We are issuing this AD because we evaluated all the information and determined the unsafe condition described previously is likely to exist or develop on other products of the same type design. This AD requires you to fabricate and install a placard incorporating information that limits operation when there is known or forecast icing and requires you to replace a section of the pneumatic supply tube for the tail deice system with a new tube of a different material. The replacement of the tail deice boot pneumatic supply tubes is terminating action for the operation limitations in known or forecast icing. In preparing this rule, we contacted type clubs and aircraft operators to get technical information and information on operational and economic impacts. We did not receive any information through these contacts. If received, we would have included a discussion of any information that may have influenced this action in the rulemaking docket. FAA’s Determination of the Effective Date An unsafe condition exists that requires the immediate adoption of this AD. The FAA has found that the risk to the flying public justifies waiving notice and comment prior to adoption of this rule because this condition could result in failure of the tail deice boots to operate. This failure could lead to loss of control in icing conditions. Therefore, we determined that notice and opportunity for public comment before issuing this AD are impracticable and that good cause exists for making this amendment effective in fewer than 30 days. Comments Invited This AD is a final rule that involves requirements affecting flight safety, and we did not precede it by notice and an opportunity for public comment. We invite you to send any written relevant data, views, or arguments regarding this AD. Send your comments to an address listed under the ADDRESSES section. Include the docket number ‘‘FAA– 2008–0392; Directorate Identifier 2008– CE–022–AD’’ at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the AD. We will consider all comments received by the closing date and may amend the AD in light of those comments. We will post all comments we receive, without change, to http:// E:\FR\FM\07APR1.SGM 07APR1

Agencies

[Federal Register Volume 73, Number 67 (Monday, April 7, 2008)]
[Rules and Regulations]
[Pages 18703-18706]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 08-1109]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 983

[Docket No. AMS-FV-07-0095; FV07-983-2 FR]


Pistachios Grown in California; Change in Reporting Requirements

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This rule changes the current reporting requirements 
prescribed under the California pistachio marketing order (order). The 
order regulates the handling of pistachios grown in California and is 
administered locally by the Administrative Committee for Pistachios 
(committee). These changes will modify one existing committee form and 
add a new form to a currently-approved information collection. The 
information collected will require handlers to report production and 
producer data, enabling the committee to obtain better information for 
preparing its annual marketing policy statement and conducting 
committee nominations and periodic referenda under the order.

DATES: Effective Date: April 8, 2008.

FOR FURTHER INFORMATION CONTACT: Terry Vawter, Senior Marketing 
Specialist, or Kurt J. Kimmel, Regional Manager, California Marketing 
Field Office, Marketing Order Administration Branch, Fruit and 
Vegetable Programs, AMS, USDA; Telephone: (559) 487-5901, Fax: (559) 
487-5906, or E-mail: Terry.Vawter@usda.gov or Kurt.Kimmel@usda.gov.
    Small businesses may request information on complying with this 
regulation by contacting Jay Guerber, Marketing Order Administration 
Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence 
Avenue, SW., STOP 0237, Washington, DC 20250-0237; Telephone: (202) 
720-2491, Fax: (202) 720-8938, or E-mail: Jay.Guerber@usda.gov.

SUPPLEMENTARY INFORMATION: This final rule is issued under Marketing 
Order No. 983 (7 CFR part 983), regulating the handling of pistachios 
grown in California, hereinafter referred to as the ``order.'' The 
order is effective under the Agricultural Marketing Agreement Act of 
1937, as amended (7 U.S.C. 601-674), hereinafter referred to as the 
``Act.''
    The Department of Agriculture (USDA) is issuing this rule in 
conformance with Executive Order 12866.
    This final rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. This rule is not intended to have retroactive 
effect. This rule will not preempt any State or local laws, 
regulations, or policies, unless they present an irreconcilable 
conflict with this rule.
    The Act provides that administrative proceedings must be exhausted 
before parties may file suit in court. Under section 608c(15)(A) of the 
Act, any handler subject to an order may file with USDA a petition 
stating that the order, any provision of the order, or any obligation 
imposed in connection with the order is not in accordance with law and 
request a modification of the order or to be exempted therefrom. A 
handler is afforded the opportunity for a hearing on the petition. 
After the hearing, USDA would rule on the petition. The Act provides 
that the district court of the United States in any district in which 
the handler is an inhabitant, or has his or her principal place of 
business, has jurisdiction to review USDA's ruling on the petition, 
provided an action is filed

[[Page 18704]]

not later than 20 days after the date of the entry of the ruling.
    This final rule changes the reporting requirements prescribed under 
the order. These changes will modify one committee form and add a new 
form to the currently-approved information collection. The new form 
will require handlers to report production and producer data. This new 
data will enable the committee to obtain better information for 
preparing its annual marketing policy statement and for conducting 
committee nominations and periodic referenda for pistachio producers. 
These changes were unanimously recommended by the committee on April 2, 
2007.
    Under Sec.  983.47 handlers are required to furnish such reports as 
the committee, with the approval of the Secretary, needs to enable the 
Secretary and the committee to perform their functions.
    As a result of a producer referendum, the California Pistachio 
Commission (CPC), a California State marketing program, was terminated 
in the spring of 2007. Data historically collected by the CPC and 
shared with the committee is no longer available. Such data includes 
information on the total available supply of pistachios grown in 
California and on the producers who produced the pistachios.
    Thus, the committee unanimously recommended changes to its 
reporting requirements to capture information necessary for the 
effective administration of the Federal order that is no longer 
available through the CPC. Specifically, the committee recommended 
revising its current ACP Form 7, ``Monthly Report of Inventory/
Shipments,'' and creating a new form, ACP Form 8, ``Producer Delivery 
Report.'' These forms will allow the committee to collect production, 
producer, inventory, and shipment data from handlers.
    Requiring handlers to report such data will enable the committee to 
obtain better information on the total available supply of pistachios 
grown in California and to contact pistachio producers. The order 
requires the committee to prepare an annual marketing policy statement, 
pursuant to Sec.  983.37. Several elements are required for an 
acceptable marketing policy statement: production, harvesting, 
processing, and storage conditions data. The committee is also required 
to hold annual nominations for seats on the committee, and USDA is 
required to conduct periodic continuance referenda. The committee needs 
producer and production data to fulfill order requirements.
    Currently on the ACP Form 7, all handlers must report their 
beginning inventory, grower deliveries, shipments of pistachios to the 
domestic market, interhandler transfers, non-handler purchases of 
California product, inventory adjustments on split and shelled 
pistachios, and ending inventory on a monthly basis. This final rule 
will remove the requirement to report inventory adjustments to split 
and shelled pistachios, as the committee believes that this information 
is no longer needed. This final rule will also require handlers to 
report their export shipments. Export data was previously collected by 
the CPC and provided by some handlers voluntarily to the committee.
    On the new form, ACP Form 8, ``Producer Delivery Report,'' handlers 
will be required to annually provide the names of the producers who 
deliver pistachios to them, the producers' mailing addresses and other 
contact information (telephone and facsimile numbers and e-mail 
addresses), the producers' employer identification numbers, total 
receipts of pistachios from each producer, and the counties in which 
the pistachios were grown. These reports will allow the committee to 
identify all authorized voters for committee selections and referenda 
in which each business entity is entitled to cast one vote. Individual 
producers may produce and deliver pistachios under more than one 
business entity. The information collected on this report will also 
allow the committee to determine whether individual producers are 
eligible to represent more than one business entity, based upon Federal 
Tax Identification numbers.
    The information on producer deliveries will also allow the 
committee to track deliveries to handlers and verify that handlers pay 
the appropriate assessments on pistachios they receive. This 
information will also streamline handler audits for committee staff.
    Pursuant to Sec.  983.147(c), handlers who handle less than 5,000 
pounds annually will be exempt from filing ACP Form 8. These small 
handlers tend to be producers who handle their own production only and 
are known to the committee in their producer, as well as their handler, 
capacity. Therefore, the committee already has business entity, 
production, and contact information on the producers that are also 
exempt handlers.
    Such information will provide the committee with production and 
producer data to enhance the administration of the order. An electronic 
version of the form will be available to those handlers who file 
electronically.
    Since the addition of ACP Form 8 will require changes to the 
order's rules and regulations, Sec.  983.147 will be modified to add a 
new paragraph (g), and to redesignate current paragraphs (g) and (h) as 
paragraphs (h) and (i).

Final Regulatory Flexibility Analysis

    Pursuant to requirements set forth in the Regulatory Flexibility 
Act (RFA), AMS has considered the economic impact of this action on 
small entities. Accordingly, AMS has prepared this final regulatory 
flexibility analysis.
    The purpose of the RFA is to fit regulatory actions to the scale of 
business subject to such actions in order that small businesses will 
not be unduly or disproportionately burdened. Marketing orders issued 
pursuant to the Act, and the rules issued thereunder, are unique in 
that they are brought about through group action of essentially small 
entities acting on their own behalf.
    There are approximately 740 producers in the production area and 
approximately 50 handlers of California pistachios subject to 
regulation under the order. The Small Business Administration (SBA) (13 
CFR 121.201) defines small agricultural producers as those having 
annual receipts less than $750,000, and defines small agricultural 
service firms as those whose annual receipts are less than $6,500,000. 
Of the 740 producers, approximately 722 have annual receipts of less 
than $750,000. Forty-two of the 50 handlers subject to regulation have 
annual pistachio receipts of less than $6,500,000. Thus, the majority 
of producers and handlers of California pistachios may be classified as 
small entities.
    This final rule will change Sec.  983.147 of the order's 
regulations, and revise a currently-approved information collection. 
The committee determined that production data the CPC previously 
collected and made available to the committee was still necessary for 
the efficient operation of the program. Therefore, the committee agreed 
that it should require handlers to report production and shipment data 
directly to the committee. In order to receive this data, the committee 
unanimously recommended that current ACP Form 7, ``Monthly Report of 
Inventory/Shipments,'' be revised and that a new form, ACP Form 8, 
``Producer Delivery Report,'' be developed. Authority for these changes 
is provided in Sec.  983.47.
    On April 2, 2007, the committee deliberated on the value of 
revising the current form and requiring the new form, and discussed 
alternatives. It

[[Page 18705]]

determined that the only alternative would be to not collect such 
industry data. However, the order requires the committee to prepare an 
annual marketing policy statement. Several elements are required for an 
acceptable marketing policy statement: Production, harvesting, 
processing, and storage conditions data. The committee is also required 
to hold annual nominations for seats on the committee, and USDA is 
required to conduct periodic continuance referenda. Thus, the committee 
needs this data to fulfill order requirements. The revised ACP Form 7 
and the new ACP Form 8 have been approved by the Office of Management 
and Budget (OMB) under OMB No. 0581-0215, ``Pistachios Grown in 
California.''
    As with other marketing order programs, reports and forms are 
periodically reviewed to reduce information requirements and 
duplication by industry and public sector agencies.
    This final rule will impose additional reporting and recordkeeping 
burdens on handlers. However, any additional burden is expected to be 
offset by the efficient operation of the order. Handlers will continue 
to file the ACP Form 7 monthly and will file the ACP Form 8 annually, 
but the data collected will serve multiple purposes and streamline 
committee operations. In addition, as noted in the initial regulatory 
flexibility analysis, USDA has not identified any relevant Federal 
rules that duplicate, overlap, or conflict with this final rule.
    AMS is committed to complying with the E-Government Act to promote 
the use of the Internet and other information technologies to provide 
increased opportunities for citizen access to government information 
and services, and for other purposes.
    Further, the committee's meeting was widely publicized throughout 
the pistachio industry and all interested persons were encouraged to 
attend the meeting and participate in the committee's deliberations. 
Like all committee meetings, the April 2, 2007, meeting was a public 
meeting, and entities of all sizes were encouraged to express their 
views on these issues.
    A proposed rule was published in the Federal Register on September 
7, 2007 (72 FR 173). Copies of the proposed rule were mailed or sent 
via facsimile to all committee members and handlers. Finally, the 
proposed rule was made available through the Internet, USDA and the 
Office of the Federal Register. A 60-day comment period ending November 
6, 2007, was provided to allow interested persons to respond to the 
proposal. One opposing comment was received.
    The commenter was opposed to the committee collecting and 
disseminating monthly export shipment and inventory data from handlers. 
According to the commenter, this data, when collected by the CPC in the 
past, proved valuable in evaluating market conditions and measuring the 
effectiveness of marketing efforts by the industry. However, the 
commenter stated that the export data is no longer necessary because 
the Federal order only regulates domestically shipped product and not 
exports. The commenter also expressed concern with the accuracy of the 
inventory data, and contends that such discrepancies are deliberate or 
accidental errors in the reporting to the committee. The commenter 
stated a preference for standardized inventory reporting practices 
because there are no standards for determining inventory levels. The 
commenter argues that, without set procedures, handlers could easily 
manipulate their reported inventory to seek competitive advantage in 
the marketplace.
    Regarding the concerns about export shipments, the order provides 
authority for the collection of information from handlers, which 
includes shipment data. The committee believes that this information is 
valuable to the industry, and unanimously voted to collect this 
information under the Federal order.
    Regarding the concerns about the accuracy of the monthly inventory 
data, the ACP-7 requires handlers to report an ``inventory adjustment'' 
figure, which is an adjustment to inventory due to issues including 
splitting, shelling, shrink, and loss of product. According to 
committee staff, there is variability in the way handlers store and 
manage their pistachios, which creates differences in how handlers 
report inventory adjustments. The committee is exploring ways to 
improve the accuracy of this information.
    Accordingly, no changes will be made to this rule based on the 
comment received.
    A small business guide on complying with fruit, vegetable, and 
specialty crop marketing agreements and orders may be viewed at: http:/
/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.
    After consideration of all relevant material presented, including 
the information and recommendation submitted by the committee and other 
available information, it is hereby found that this rule, as 
hereinafter set forth, will tend to effectuate the declared policy of 
the Act.
    Pursuant to 5 U.S.C. 553, it is also found and determined that good 
cause exists for not postponing the effective date of this rule until 
30 days after publication in the Federal Register because the data 
required through this rule is no longer available from the CPC, and the 
committee needs this information to ensure proper administration of the 
Federal order. Further, handlers are aware of this rule, which was 
unanimously recommended by the committee at a public meeting. Also, a 
60-day comment period was provided for the proposed rule.

List of Subjects in 7 CFR Part 983

    Pistachios, Marketing agreements and orders, Reporting and 
recordkeeping requirements.

0
For the reasons set forth in the preamble, 7 CFR part 983 is amended as 
follows:

PART 983--PISTACHIOS GROWN IN CALIFORNIA

0
1. The authority citation for 7 CFR part 983 continues to read as 
follows:

    Authority: 7 U.S.C. 601-674.


0
2. In Sec.  983.147, current paragraphs (g) and (h) are redesignated as 
paragraphs (h) and (i), and a new paragraph (g) is added to read as 
follows:


Sec.  983.147  Reports.

* * * * *
    (g) ACP-8, Producer Delivery Report. Each handler of pistachios 
shall file this report with the committee by the 15th day of December 
of each production year: Provided, That for the 2007-08 production 
year, handlers must file this report with the committee by April 17, 
2008, to report his/her receipts of pistachios during the current 
production year, the names of the handlers' producing entities, 
business type, and the following information concerning each producing 
entity: Federal Tax Identification number; mailing and e-mail address; 
telephone and fax number; total bearing acres; county of production; 
and for the current production year, the total receipts of open 
inshell, closed shell, shelling stock of each producing entity; and 
total pounds of processed pistachios produced by each producing entity.
* * * * *


[[Page 18706]]


    Dated: April 2, 2008.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. 08-1109 Filed 4-3-08; 1:02 pm]
BILLING CODE 3410-02-P