Pistachios Grown in California; Hearing on Proposed Amendment of Marketing Order No. 983, 41298-41302 [08-1445]
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41298
Proposed Rules
Federal Register
Vol. 73, No. 139
Friday, July 18, 2008
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.
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 983
[Docket No. AO–FV–08–0147; AMS–FV–08–
0051; FV08–983–1]
Pistachios Grown in California;
Hearing on Proposed Amendment of
Marketing Order No. 983
Agricultural Marketing Service,
USDA.
ACTION: Notice of hearing on proposed
rulemaking.
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AGENCY:
SUMMARY: Notice is hereby given of a
public hearing to receive evidence on
proposed amendments to Marketing
Order No. 983 (order), which regulates
the handling of pistachios grown in
California. The amendments are
proposed by the Administrative
Committee for Pistachios (Committee),
which is responsible for local
administration of the order. The
proposed amendments would: Expand
the production area covered under the
order to include Arizona and New
Mexico in addition to California;
authorize the Committee to reimburse
handlers for a portion of their
inspection and certification costs in
certain situations; authorize the
Committee to recommend research
projects; modify existing order
authorities concerning aflatoxin and
quality regulations; modify the authority
for interhandler transfers of order
obligations; redesignate several sections
of the order; remove previously
suspended order provisions, and make
other related changes.
In addition, the Agricultural
Marketing Service (AMS) proposes to
make any such additional changes as
may be necessary to the order to
conform to any amendment that may
result from the hearing. The proposals
are intended to improve the operation
and functioning of the marketing order
program.
DATES: The hearing will be held on July
29, 2008, in Fresno, California,
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beginning at 8:30 a.m. and ending at
4:30 p.m. The hearing will continue, if
necessary, on July 30, 2008, at 8:30 a.m.
ADDRESSES: The hearing location is:
Fresno County Farm Bureau, 1247 West
Hedges Avenue, Fresno, CA 93728,
Telephone: (559) 237–0263.
FOR FURTHER INFORMATION CONTACT:
Martin Engeler, Marketing Order
Administration Branch, Fruit and
Vegetable Programs, AMS, USDA, 2202
Monterey Street, Suite 102–B, Fresno,
California 93721; Telephone: (559) 487–
5110, Fax: (559) 487–5906, or e-mail:
Martin.Engeler@usda.gov; or Kathleen
M. Finn, 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:
Kathy.Finn@usda.gov.
Small businesses may request
information on this proceeding 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
administrative action is instituted
pursuant to the Agricultural Marketing
Agreement Act of 1937, as amended (7
U.S.C. 601–674), hereinafter referred to
as the ‘‘Act.’’ This action is governed by
the provisions of sections 556 and 557
of title 5 of the United States Code and,
therefore, is excluded from the
requirements of Executive Order 12866.
The Regulatory Flexibility Act (5
U.S.C. 601–612) seeks to ensure that
within the statutory authority of a
program, the regulatory and
informational requirements are tailored
to the size and nature of small
businesses. Interested persons are
invited to present evidence at the
hearing on the possible regulatory and
informational impacts of the proposals
on small businesses.
The amendments proposed herein
have been reviewed under Executive
Order 12988, Civil Justice Reform. They
are not intended to have retroactive
effect. If adopted, the proposed
amendments would not preempt any
State or local laws, regulations, or
policies, unless they present an
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irreconcilable conflict with the
proposals.
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. 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 the USDA’s ruling on the
petition, provided an action is filed not
later than 20 days after the date of the
entry of the ruling.
The hearing is called pursuant to the
provisions of the Act and the applicable
rules of practice and procedure
governing the formulation of marketing
agreements and orders (7 CFR part 900).
The proposed amendments were
recommended by the Committee and
submitted to USDA on June 10, 2008.
After reviewing the proposals and other
information submitted by the
Committee, USDA made a
determination to schedule this matter
for hearing.
The proposed amendments include
addition of new sections to the order
which would result in numerical
redesignation of several sections of the
order. The proposed amendments
recommended by the Committee are
summarized below.
1. Amend the order to expand the
production area to include the States of
Arizona and New Mexico. The
production area covered under the order
is currently limited to the State of
California. This proposal would revise
existing § 983.26, Production area, and
redesignate it as § 983.25. It would also
result in conforming changes being
made to existing § 983.11, Districts;
§ 983.21, Part and subpart; and existing
§ 983.32, Establishment and
membership. Existing sections 983.21
and 983.32 would also be redesignated
as § 983.20 and § 983.41, respectively.
2. Amend the order to authorize the
Committee to reimburse handlers for
travel and shipping costs related to
aflatoxin inspection, under certain
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circumstances. This proposal would
amend existing § 983.44, Inspection,
certification and identification, and
redesignate it as § 983.56.
3. Amend the order to add a new
§ 983.46, Research, that would authorize
the Committee to engage in research
projects with the approval of USDA.
This proposed amendment would also
require conforming changes to existing
§ 983.34, Procedure, to establish voting
requirements for Committee
recommendations concerning research.
It would also require conforming
changes to existing § 983.46,
Modification or suspension of
regulations, and § 983.54, Contributions.
The existing § 983.34, § 983.46, and
§ 983.54 would also be redesignated as
§ 983.43, § 983.59, and § 983.72,
respectively.
4. This proposal would amend the
order to provide broad authority for
aflatoxin regulations by revising existing
§ 983.38, Aflatoxin levels, and
redesignating it as § 983.50. This
proposal would also require conforming
changes to existing § 983.40, and
redesignating that section as § 983.52. It
would also require conforming changes
to § 983.1, Accredited laboratory.
5. This proposal would amend the
order to provide broad authority for
quality regulations by revising existing
§ 983.39, Minimum quality levels, and
redesignating it as § 983.51. It would
also remove provisions from that section
concerning specific quality regulations
that are currently suspended. This
amendment would also require
conforming changes by removing
currently suspended language in
§ 983.6, Assessed weight; revising
§ 983.7, Certified pistachios; removing
existing § 982.19, Minimum quality
requirements and § 983.20, Minimum
quality certificate; revising existing
§ 983.31, Shelled pistachios; revising
existing § 983.41, Testing of minimal
quantities, and removing currently
suspended language in that section;
revising existing § 983.42, Commingling;
and revising existing § 983.45,
Substandard pistachios. Sections
983.31, 983.41, 983.42, and 983.45
would be redesignated as sections
983.30, 983.53, 983.54, and 983.57,
respectively.
6. This proposal would also amend
the order to add a new § 983.58,
Interhandler Transfers. This proposal
would modify existing authority under
the order by expanding the range of
marketing order obligations that may be
transferred between handlers when
pistachios are transferred between
handlers. This proposal would require a
conforming change to existing § 983.53,
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Assessments, and would redesignate
§ 983.53 as § 983.71.
7. As a result of the proposed
amendments and conforming changes to
the order summarized above, numerous
administrative changes to the order
would also be required. Such changes
include numerical redesignations to
several sections of the order, changes to
cross references of section numbers in
regulatory text as a result of the
numerical redesignations, and removal
of obsolete provisions. In addition, a
change would be made to amend
existing § 983.70 and redesignate it as
§ 983.92.
In addition to the proposed
amendments to the order, AMS
proposes to make any such additional
changes as may be necessary to the
order to conform to any amendment that
may result from the hearing.
The public hearing is held for the
purpose of: (i) Receiving evidence about
the economic and marketing conditions
which relate to the proposed
amendments of the order; (ii)
determining whether there is a need for
the proposed amendments to the order;
and (iii) determining whether the
proposed amendments or appropriate
modifications thereof will tend to
effectuate the declared policy of the Act.
Testimony is invited at the hearing on
all the proposals and recommendations
contained in this notice, as well as any
appropriate modifications or
alternatives.
All persons wishing to submit written
material as evidence at the hearing
should be prepared to submit four
copies of such material at the hearing
and should have prepared testimony
available for presentation at the hearing.
From the time the notice of hearing is
issued and until the issuance of a final
decision in this proceeding, USDA
employees involved in the decisional
process are prohibited from discussing
the merits of the hearing issues on an ex
parte basis with any person having an
interest in the proceeding. The
prohibition applies to employees in the
following organizational units: Office of
the Secretary of Agriculture; Office of
the Administrator, AMS; Office of the
General Counsel, except any designated
employee of the General Counsel
assigned to represent the Committee in
this proceeding; and the Fruit and
Vegetable Programs, AMS.
Procedural matters are not subject to
the above prohibition and may be
discussed at any time.
List of Subjects in 7 CFR Part 983
Pistachios, Marketing agreements and
orders, Reporting and recordkeeping
requirements.
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41299
PART 983—PISTACHIOS GROWN IN
CALIFORNIA
1. The authority citation for 7 CFR
part 983 continues to read as follows:
Authority: 7 U.S.C. 601–674.
2. Testimony is invited on the
following proposals or appropriate
alternatives or modifications to such
proposals.
Proposals submitted by the
Administrative Committee for
Pistachios:
Proposal Number 1
3. Revise § 983.11 (a) by adding a
paragraph (4) following paragraph (3):
§ 983.11
Districts.
(a) * * *
(4) District 4 consists of the States of
Arizona and New Mexico.
*
*
*
*
*
4. In § 983.20, lift the suspension of
December 10, 2007, remove § 983.20,
redesignate existing § 983.21 as
§ 983.20, and revise it to read as follows:
§ 983.20
Part and subpart.
Part means the order regulating the
handling of pistachios grown in the
States of California, Arizona and New
Mexico, and all the rules, regulations
and supplementary orders issued
thereunder. The aforesaid order
regulating the handling of pistachios
grown in California, Arizona and New
Mexico shall be a subpart of such part.
5. Redesignate § 983.26 as § 983.25
and revise it to read as follows:
§ 983.25
Production area.
Production Area means the States of
California, Arizona, and New Mexico.
6. Redesignate § 983.32 as § 983.41,
remove the words ‘‘eleven (11)’’ from
the introductory paragraph and add in
their place the words ‘‘twelve (12),’’ and
revise paragraph (b) to read as follows:
§ 983.41
Establishment and membership.
(a) * * *
(b) Producers. Nine members shall
represent producers. Producers within
the respective districts shall nominate
four producers from District 1, three
producers from District 2, one producer
from District 3, and one producer from
District 4. The Secretary, upon
recommendation of the committee, may
reapportion producer representation
among the districts to ensure proper
representation.
*
*
*
*
*
Proposal Number 2
7. Redesignate § 983.44 as § 983.56
and revise it to read as follows:
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§ 983.56 Inspection, certification and
identification.
Upon recommendation of the
committee and approval of the
Secretary, all pistachios that are
required to be inspected and certified in
accordance with this part, shall be
identified by appropriate seals, stamps,
tags, or other identification to be affixed
to the containers by the handler. All
inspections shall be at the expense of
the handler, Provided, That for handlers
making shipments from facilities
located in an area where inspection
costs for inspector travel and shipment
of samples for aflatoxin testing would
otherwise exceed the average of those
same inspection costs for comparable
handling operations located in Districts
1 and 2, such handlers may be
compensated by the committee for the
difference between their respective
inspection costs and such average, or as
otherwise recommended by the
committee and approved by the
Secretary.
Proposal Number 3
8. Redesignate § 983.34 as § 983.43
and revise paragraph (a) to read as
follows:
§ 983.43
Procedure.
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(a) Quorum. A quorum of the
committee shall be any seven voting
committee members. The vote of a
majority of members present at a
meeting at which there is a quorum
shall constitute the act of the committee:
Provided, That actions of the committee
with respect to the following issues
shall require twelve (12) concurring
votes of the voting members regarding
any recommendation to the Secretary
for adoption or change in:
(1) Quality levels;
(2) Aflatoxin levels;
(3) Research under § 983.46; and
Provided further, That actions of the
committee with respect to the following
issues shall require eight (8) concurring
votes of the voting members regarding
recommendation to the Secretary for
adoption or change in:
(4) Inspection programs;
(5) The establishment of the
committee.
*
*
*
*
*
9. Redesignate existing § 983.46 as
§ 983.59, add a new § 983.46, and revise
§ 983.59 to read as follows:
§ 983.46
Research.
The committee, with the approval of
the Secretary, may establish or provide
for the establishment of projects
involving research designed to assist or
improve the efficient production and
postharvest handling of quality
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pistachios. The committee, with the
approval of the Secretary, may also
establish or provide for the
establishment of projects designed to
determine the effects of pistachio
consumption on human health and
nutrition. Pursuant to § 983.43(a), such
research projects may only be
established with 12 concurring votes of
the voting members of the committee.
The expenses of such projects shall be
paid from funds collected pursuant to
§§ 983.71 and 983.72.
*
*
*
*
*
§ 983.59 Modification or suspension of
regulations.
aflatoxin sampling, analysis, and
inspection requirements applicable to
pistachios to be shipped for domestic
human consumption as will contribute
to orderly marketing or be in the public
interest. No handler shall ship, for
human consumption, pistachios that
exceed an aflatoxin level established by
the committee and approved by the
Secretary. All domestic shipments must
be covered by an aflatoxin inspection
certificate.
13. In § 983.40, lift the suspension of
December 10, 2007, redesignate § 983.40
as § 983.52, and revise it to read as
follows:
(a) In the event that the committee, at
any time, finds that by reason of
changed conditions, any regulations
issued pursuant to §§ 983.50 through
983.58 should be modified or
suspended, it shall, pursuant to
§ 983.43, so recommend to the
Secretary.
(b) Whenever the Secretary finds from
the recommendations and information
submitted by the committee or from
other available information, that a
regulation should be modified,
suspended, or terminated with respect
to any or all shipments of pistachios in
order to effectuate the declared policy of
the Act, the Secretary shall modify or
suspend such provisions. If the
Secretary finds that a regulation
obstructs or does not tend to effectuate
the declared policy of the Act, the
Secretary shall suspend or terminate
such regulation.
(c) The committee, with the approval
of the Secretary, may issue rules and
regulations implementing §§ 983.50
through 983.58.
10. Redesignate § 983.54 as § 983.72
and revise it to read as follows:
§ 983.52
§ 983.72
§ 983.6
Contributions.
The committee may accept voluntary
contributions but these shall only be
used to pay for committee expenses
unless specified in support of research
under § 983.46. Furthermore, research
contributions shall be free of additional
encumbrances by the donor and the
committee shall retain complete control
of their use.
Proposal Number 4
11. In § 983.1, remove the words ‘‘for
testing aflatoxin.’’
12. In § 983.38, lift the suspension of
December 10, 2007, redesignate § 983.38
as § 983.50, and revise it to read as
follows:
§ 983.50
Aflatoxin regulations.
The committee shall establish, with
the approval of the Secretary, such
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Failed lots/rework procedure.
(a) Substandard pistachios. Each lot
of substandard pistachios may be
reworked to meet aflatoxin or quality
requirements. The committee shall
designate, with the Secretary’s approval,
appropriate rework procedures.
(b) Failed lot reporting. If a lot fails to
meet the aflatoxin and/or the quality
requirements of this part, a failed lot
notification report shall be completed
and sent to the committee within 10
working days of the test failure. This
form must be completed and submitted
to the committee each time a lot fails
either aflatoxin or quality testing. The
accredited laboratories shall send the
failed lot notification reports for
aflatoxin tests to the committee, and the
handler, under the supervision of an
inspector, shall send the failed lot
notification reports for the lots that do
not meet the quality requirements to the
committee.
Proposal Number 5
14. In § 983.6, lift the suspension of
December 10, 2007, and revise the
section to read as follows:
Assessed weight.
Assessed weight means pounds of
inshell pistachios, with the weight
computed at 5 percent moisture,
received for processing by a handler
within each production year: Provided,
That for loose kernels, the actual weight
shall be multiplied by two to obtain an
inshell weight; Provided further, That
the assessed weight may be based upon
quality requirements for inshell
pistachios that may be recommended by
the committee and approved by the
Secretary.
15. In § 983.7, lift the suspension of
December 10, 2007, and revise the
section to read as follows:
§ 983.7
Certified pistachios.
Certified pistachios are those that
meet the inspection and certification
requirements under this part.
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16. In § 983.19, lift the suspension of
December 10, 2007, and remove the
section.
17. In § 983.31, remove the
suspension of December 10, 2007,
redesignate § 983.31 as § 983.30, and
revise it to read as follows:
§ 983.30
Substandard pistachios.
Substandard pistachios means
pistachios, inshell or shelled, which do
not meet regulations established
pursuant to §§ 983.50 and 983.51.
18. In § 983.39, lift the suspension of
December 10, 2007, redesignate § 983.39
as § 983.51, and revise it to read as
follows:
§ 983.51
Quality regulations.
For any production year, the
committee may establish, with the
approval of the Secretary, such quality
and inspection requirements applicable
to pistachios to be shipped for domestic
human consumption as will contribute
to orderly marketing or be in the public
interest. In such production year, no
handler shall ship pistachios for
domestic human consumption unless
they meet the applicable requirements
as evidenced by certification acceptable
to the committee.
19. In § 983.41, lift the suspension of
December 10, 2007, redesignate § 983.41
as § 983.53, and revise it to read as
follows:
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§ 983.53
Testing of minimal quantities.
(a) Aflatoxin. Handlers who handle
less than 1 million pounds of assessed
weight per year, have the option of
utilizing both of the following methods
for testing for aflatoxin:
(1) The handler may have an
inspector sample and test his or her
entire inventory of hulled and dried
pistachios for the aflatoxin certification
before further processing.
(2) The handler may segregate receipts
into various lots at the handler’s
discretion and have an inspector sample
and test each specific lot. Any lots that
have less than 15 ppb aflatoxin can be
certified by an inspector to be negative
as to aflatoxin. Any lots that are found
to be above 15 ppb may be tested after
reworking in the same manner as
specified in § 983.50.
(b) Quality. The committee may, with
the approval of the Secretary, establish
regulations regarding the testing of
minimal quantities of pistachios for
quality.
20. In § 983.42, lift the suspension of
December 10, 2007, redesignate § 983.42
as § 983.54, and revise it to read as
follows:
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§ 983.54
Commingling.
Certified lots may be commingled
with other certified lots, but the
commingling of certified and uncertified
lots shall cause the loss of certification
for the commingled lots.
21. In § 983.45, lift the suspension of
December 10, 2007, redesignate § 983.45
as § 983.57, and revise it to read as
follows:
§ 983.57
Substandard pistachios.
The committee shall, with the
approval of the Secretary, establish such
reporting and disposition procedures as
it deems necessary to ensure that
pistachios which do not meet the
aflatoxin and quality requirements
established pursuant to §§ 983.50 and
983.51 shall not be shipped for domestic
human consumption.
Proposal Number 6
22. Redesignate § 983.53 as § 983.71
and revise paragraph (a) to read as
follows:
§ 983.71
Assessments.
(a) Each handler who receives
pistachios for processing in each
production year, except as provided in
§ 983.58, shall pay the committee on
demand, an assessment based on the pro
rata share of the expenses authorized by
the Secretary for that year attributable to
the assessed weight of pistachios
received by that handler in that year.
*
*
*
*
*
23. Redesignate existing § 983.58 as
§ 983.80 and add a new § 983.58 as
follows:
§ 983.58
Interhandler transfers.
Within the production area, any
handler may transfer pistachios to
another handler for additional handling,
and any assessments, inspection
requirements, aflatoxin testing
requirements, and any other marketing
order requirements with respect to
pistachios so transferred may be
assumed by the receiving handler. The
committee, with the approval of the
Secretary, may establish methods and
procedures, including necessary reports,
to maintain accurate records for such
transfers.
‘‘grower’’ and adding in its place the
word ‘‘producer’’ in paragraph (a),
removing the reference to ‘‘§ 983.32’’
and adding in its place the ‘‘§ 983.41’’
in paragraph (j), and by removing the
reference to ‘‘§§ 983.32, 983.33, and
983.34’’ and adding in its place
‘‘§§ 983.41, 983.42, and 983.43’’ in
paragraph (n).
26. Redesignate § 983.56 as § 983.74
and revise it by removing the reference
to ‘‘§ 983.53’’ and adding in its place
‘‘§ 983.71’’ in paragraph (a)(1).
27. Redesignate § 983.57 as § 983.75
and revise it to read as follows:
§ 983.75
§ 983.87
§ 983.92
Committee.
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Exemption.
Any handler may handle pistachios
within the production area free of the
requirements in §§ 983.50 through
983.58 and 983.71 if such pistachios are
handled in quantities not exceeding
5,000 dried pounds during any
production year. This section may be
changed as recommended by the
committee and approved by the
Secretary.
30. Redesignate the following sections
as follows:
Committee means the Administrative
Committee for Pistachios established
pursuant to § 983.41.
25. Redesignate § 983.33 as § 983.42
and revise it by removing the word
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Effective time.
The provisions of this part, as well as
any amendments, shall become effective
at such time as the Secretary may
declare, and shall continue in force
until terminated or suspended in one of
the ways specified in § 983.88 or 983.89.
29. Redesignate § 983.70 as 983.92
and revise it to read as follows:
24. § 983.8 is revised to read as
follows:
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Implementation and amendments.
The Secretary, upon the
recommendation of a majority of the
committee, may issue rules and
regulations implementing or modifying
§§ 983.64 through 983.74 inclusive.
28. Redesignate § 983.65 as § 983.87
and revise it to read as follows:
Proposal Number 7—Administrative
Changes
§ 983.8
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Old section
New section
983.22
983.23
983.24
983.25
983.27
983.28
983.29
983.30
983.35
983.36
983.37
983.43
983.47
983.48
983.49
983.50
983.51
983.52
983.55
983.59
983.60
983.21
983.22
983.23
983.24
983.26
983.27
983.28
983.29
983.44
983.45
983.47
983.55
983.64
983.65
983.66
983.67
983.68
983.70
983.73
983.81
983.82
18JYP1
41302
Federal Register / Vol. 73, No. 139 / Friday, July 18, 2008 / Proposed Rules
Old section
New section
983.61
983.62
983.63
983.64
983.66
983.67
983.68
983.69
983.83
983.84
983.85
983.86
983.88
983.89
983.90
983.91
Proposal Number 8
Make such changes as may be
necessary to the order to conform with
any amendment that may result from
the hearing.
Dated: July 15, 2008.
Lloyd C. Day,
Administrator, Agricultural Marketing
Service.
[FR Doc. 08–1445 Filed 7–15–08; 4:25 pm]
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 989
[Docket No. AMS–FV–08–0042; FV08–989–
2 PR]
Raisins Produced From Grapes Grown
in California; Use of Estimated Trade
Demand To Compute Volume
Regulation Percentages
Agricultural Marketing Service,
USDA.
ACTION: Proposed rule.
rwilkins on PROD1PC63 with PROPOSALS
AGENCY:
SUMMARY: This rule invites comments
on using an estimated trade demand
figure to compute volume regulation
percentages for 2008–09 crop Natural
(sun-dried) Seedless (NS) raisins
covered under the Federal marketing
order for California raisins (order). The
order regulates the handling of raisins
produced from grapes grown in
California and is administered locally
by the Raisin Administrative Committee
(Committee). This rule would provide
parameters for implementing volume
regulation for 2008–09 crop NS raisins,
if supplies are short, for the purposes of
maintaining a portion of the industry’s
export markets and stabilizing the
domestic market.
DATES: Comments must be received by
August 4, 2008.
ADDRESSES: Interested persons are
invited to submit written comments
concerning this proposal. 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,
VerDate Aug<31>2005
16:42 Jul 17, 2008
Jkt 214001
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
can be viewed at: https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Rose
M. Aguayo, 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:
Rose.Aguayo@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
proposal is issued under Marketing
Agreement and Order No. 989 (7 CFR
part 989), both as amended, regulating
the handling of raisins produced from
grapes 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 proposal has been reviewed
under Executive Order 12988, Civil
Justice Reform. This rule is not intended
to have retroactive effect. This proposal
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
PO 00000
Frm 00005
Fmt 4702
Sfmt 4702
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
not later than 20 days after the date of
the entry of the ruling.
This proposal invites comments on
using an estimated trade demand figure
to compute volume regulation
percentages for 2008–09 crop NS raisins
covered under the order. This rule
would provide parameters for
implementing volume regulation for
2008–09 crop NS raisins, if supplies are
short, for the purposes of maintaining a
portion of the industry’s export markets
and stabilizing the domestic market.
This action was unanimously
recommended by the Committee at a
meeting on April 3, 2008.
Volume Regulation Authority
The order provides authority for
volume regulation designed to promote
orderly marketing conditions, stabilize
prices and supplies, and improve
producer returns. When volume
regulation is in effect, a certain
percentage of the California raisin crop
may be sold by handlers to any market
(free tonnage), while the remaining
percentage must be held by handlers in
a reserve pool (reserve) for the account
of the Committee. Reserve raisins are
disposed of through certain programs
authorized under the order. For
instance, reserve raisins may be sold by
the Committee to handlers for free use
or to replace part of the free tonnage
raisins they exported; used in diversion
programs; carried over as a hedge
against a short crop the following year;
or disposed of in other outlets not
competitive with those for free tonnage
raisins, such as government purchase,
distilleries, or animal feed. Net proceeds
from sales of reserve raisins are
distributed to the reserve pool’s equity
holders, primarily producers.
Section 989.54 of the order prescribes
procedures and time frames to be
followed in establishing volume
regulation for each crop year, which
runs from August 1 through July 31. The
Committee must meet by August 15 to
review data regarding raisin supplies. At
that time, the Committee computes a
trade demand for each varietal type of
raisins for which a free tonnage
percentage might be recommended.
Trade demand is equal to 90 percent of
the prior year’s domestic and export
shipments, adjusted by subtracting
carryin inventory from the prior year
and adding a desirable carryout
inventory for the end of the current
year.
E:\FR\FM\18JYP1.SGM
18JYP1
]]>Agencies
[Federal Register Volume 73, Number 139 (Friday, July 18, 2008)]
[Proposed Rules]
[Pages 41298-41302]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 08-1445]
========================================================================
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.
========================================================================
Federal Register / Vol. 73, No. 139 / Friday, July 18, 2008 /
Proposed Rules
[[Page 41298]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 983
[Docket No. AO-FV-08-0147; AMS-FV-08-0051; FV08-983-1]
Pistachios Grown in California; Hearing on Proposed Amendment of
Marketing Order No. 983
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Notice of hearing on proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given of a public hearing to receive evidence
on proposed amendments to Marketing Order No. 983 (order), which
regulates the handling of pistachios grown in California. The
amendments are proposed by the Administrative Committee for Pistachios
(Committee), which is responsible for local administration of the
order. The proposed amendments would: Expand the production area
covered under the order to include Arizona and New Mexico in addition
to California; authorize the Committee to reimburse handlers for a
portion of their inspection and certification costs in certain
situations; authorize the Committee to recommend research projects;
modify existing order authorities concerning aflatoxin and quality
regulations; modify the authority for interhandler transfers of order
obligations; redesignate several sections of the order; remove
previously suspended order provisions, and make other related changes.
In addition, the Agricultural Marketing Service (AMS) proposes to
make any such additional changes as may be necessary to the order to
conform to any amendment that may result from the hearing. The
proposals are intended to improve the operation and functioning of the
marketing order program.
DATES: The hearing will be held on July 29, 2008, in Fresno,
California, beginning at 8:30 a.m. and ending at 4:30 p.m. The hearing
will continue, if necessary, on July 30, 2008, at 8:30 a.m.
ADDRESSES: The hearing location is: Fresno County Farm Bureau, 1247
West Hedges Avenue, Fresno, CA 93728, Telephone: (559) 237-0263.
FOR FURTHER INFORMATION CONTACT: Martin Engeler, Marketing Order
Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 2202
Monterey Street, Suite 102-B, Fresno, California 93721; Telephone:
(559) 487-5110, Fax: (559) 487-5906, or e-mail:
Martin.Engeler@usda.gov; or Kathleen M. Finn, 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:
Kathy.Finn@usda.gov.
Small businesses may request information on this proceeding 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 administrative action is instituted
pursuant to the Agricultural Marketing Agreement Act of 1937, as
amended (7 U.S.C. 601-674), hereinafter referred to as the ``Act.''
This action is governed by the provisions of sections 556 and 557 of
title 5 of the United States Code and, therefore, is excluded from the
requirements of Executive Order 12866.
The Regulatory Flexibility Act (5 U.S.C. 601-612) seeks to ensure
that within the statutory authority of a program, the regulatory and
informational requirements are tailored to the size and nature of small
businesses. Interested persons are invited to present evidence at the
hearing on the possible regulatory and informational impacts of the
proposals on small businesses.
The amendments proposed herein have been reviewed under Executive
Order 12988, Civil Justice Reform. They are not intended to have
retroactive effect. If adopted, the proposed amendments would not
preempt any State or local laws, regulations, or policies, unless they
present an irreconcilable conflict with the proposals.
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. 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 the USDA's
ruling on the petition, provided an action is filed not later than 20
days after the date of the entry of the ruling.
The hearing is called pursuant to the provisions of the Act and the
applicable rules of practice and procedure governing the formulation of
marketing agreements and orders (7 CFR part 900).
The proposed amendments were recommended by the Committee and
submitted to USDA on June 10, 2008. After reviewing the proposals and
other information submitted by the Committee, USDA made a determination
to schedule this matter for hearing.
The proposed amendments include addition of new sections to the
order which would result in numerical redesignation of several sections
of the order. The proposed amendments recommended by the Committee are
summarized below.
1. Amend the order to expand the production area to include the
States of Arizona and New Mexico. The production area covered under the
order is currently limited to the State of California. This proposal
would revise existing Sec. 983.26, Production area, and redesignate it
as Sec. 983.25. It would also result in conforming changes being made
to existing Sec. 983.11, Districts; Sec. 983.21, Part and subpart;
and existing Sec. 983.32, Establishment and membership. Existing
sections 983.21 and 983.32 would also be redesignated as Sec. 983.20
and Sec. 983.41, respectively.
2. Amend the order to authorize the Committee to reimburse handlers
for travel and shipping costs related to aflatoxin inspection, under
certain
[[Page 41299]]
circumstances. This proposal would amend existing Sec. 983.44,
Inspection, certification and identification, and redesignate it as
Sec. 983.56.
3. Amend the order to add a new Sec. 983.46, Research, that would
authorize the Committee to engage in research projects with the
approval of USDA. This proposed amendment would also require conforming
changes to existing Sec. 983.34, Procedure, to establish voting
requirements for Committee recommendations concerning research. It
would also require conforming changes to existing Sec. 983.46,
Modification or suspension of regulations, and Sec. 983.54,
Contributions. The existing Sec. 983.34, Sec. 983.46, and Sec.
983.54 would also be redesignated as Sec. 983.43, Sec. 983.59, and
Sec. 983.72, respectively.
4. This proposal would amend the order to provide broad authority
for aflatoxin regulations by revising existing Sec. 983.38, Aflatoxin
levels, and redesignating it as Sec. 983.50. This proposal would also
require conforming changes to existing Sec. 983.40, and redesignating
that section as Sec. 983.52. It would also require conforming changes
to Sec. 983.1, Accredited laboratory.
5. This proposal would amend the order to provide broad authority
for quality regulations by revising existing Sec. 983.39, Minimum
quality levels, and redesignating it as Sec. 983.51. It would also
remove provisions from that section concerning specific quality
regulations that are currently suspended. This amendment would also
require conforming changes by removing currently suspended language in
Sec. 983.6, Assessed weight; revising Sec. 983.7, Certified
pistachios; removing existing Sec. 982.19, Minimum quality
requirements and Sec. 983.20, Minimum quality certificate; revising
existing Sec. 983.31, Shelled pistachios; revising existing Sec.
983.41, Testing of minimal quantities, and removing currently suspended
language in that section; revising existing Sec. 983.42, Commingling;
and revising existing Sec. 983.45, Substandard pistachios. Sections
983.31, 983.41, 983.42, and 983.45 would be redesignated as sections
983.30, 983.53, 983.54, and 983.57, respectively.
6. This proposal would also amend the order to add a new Sec.
983.58, Interhandler Transfers. This proposal would modify existing
authority under the order by expanding the range of marketing order
obligations that may be transferred between handlers when pistachios
are transferred between handlers. This proposal would require a
conforming change to existing Sec. 983.53, Assessments, and would
redesignate Sec. 983.53 as Sec. 983.71.
7. As a result of the proposed amendments and conforming changes to
the order summarized above, numerous administrative changes to the
order would also be required. Such changes include numerical
redesignations to several sections of the order, changes to cross
references of section numbers in regulatory text as a result of the
numerical redesignations, and removal of obsolete provisions. In
addition, a change would be made to amend existing Sec. 983.70 and
redesignate it as Sec. 983.92.
In addition to the proposed amendments to the order, AMS proposes
to make any such additional changes as may be necessary to the order to
conform to any amendment that may result from the hearing.
The public hearing is held for the purpose of: (i) Receiving
evidence about the economic and marketing conditions which relate to
the proposed amendments of the order; (ii) determining whether there is
a need for the proposed amendments to the order; and (iii) determining
whether the proposed amendments or appropriate modifications thereof
will tend to effectuate the declared policy of the Act.
Testimony is invited at the hearing on all the proposals and
recommendations contained in this notice, as well as any appropriate
modifications or alternatives.
All persons wishing to submit written material as evidence at the
hearing should be prepared to submit four copies of such material at
the hearing and should have prepared testimony available for
presentation at the hearing.
From the time the notice of hearing is issued and until the
issuance of a final decision in this proceeding, USDA employees
involved in the decisional process are prohibited from discussing the
merits of the hearing issues on an ex parte basis with any person
having an interest in the proceeding. The prohibition applies to
employees in the following organizational units: Office of the
Secretary of Agriculture; Office of the Administrator, AMS; Office of
the General Counsel, except any designated employee of the General
Counsel assigned to represent the Committee in this proceeding; and the
Fruit and Vegetable Programs, AMS.
Procedural matters are not subject to the above prohibition and may
be discussed at any time.
List of Subjects in 7 CFR Part 983
Pistachios, Marketing agreements and orders, Reporting and
recordkeeping requirements.
PART 983--PISTACHIOS GROWN IN CALIFORNIA
1. The authority citation for 7 CFR part 983 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
2. Testimony is invited on the following proposals or appropriate
alternatives or modifications to such proposals.
Proposals submitted by the Administrative Committee for Pistachios:
Proposal Number 1
3. Revise Sec. 983.11 (a) by adding a paragraph (4) following
paragraph (3):
Sec. 983.11 Districts.
(a) * * *
(4) District 4 consists of the States of Arizona and New Mexico.
* * * * *
4. In Sec. 983.20, lift the suspension of December 10, 2007,
remove Sec. 983.20, redesignate existing Sec. 983.21 as Sec. 983.20,
and revise it to read as follows:
Sec. 983.20 Part and subpart.
Part means the order regulating the handling of pistachios grown in
the States of California, Arizona and New Mexico, and all the rules,
regulations and supplementary orders issued thereunder. The aforesaid
order regulating the handling of pistachios grown in California,
Arizona and New Mexico shall be a subpart of such part.
5. Redesignate Sec. 983.26 as Sec. 983.25 and revise it to read
as follows:
Sec. 983.25 Production area.
Production Area means the States of California, Arizona, and New
Mexico.
6. Redesignate Sec. 983.32 as Sec. 983.41, remove the words
``eleven (11)'' from the introductory paragraph and add in their place
the words ``twelve (12),'' and revise paragraph (b) to read as follows:
Sec. 983.41 Establishment and membership.
(a) * * *
(b) Producers. Nine members shall represent producers. Producers
within the respective districts shall nominate four producers from
District 1, three producers from District 2, one producer from District
3, and one producer from District 4. The Secretary, upon recommendation
of the committee, may reapportion producer representation among the
districts to ensure proper representation.
* * * * *
Proposal Number 2
7. Redesignate Sec. 983.44 as Sec. 983.56 and revise it to read
as follows:
[[Page 41300]]
Sec. 983.56 Inspection, certification and identification.
Upon recommendation of the committee and approval of the Secretary,
all pistachios that are required to be inspected and certified in
accordance with this part, shall be identified by appropriate seals,
stamps, tags, or other identification to be affixed to the containers
by the handler. All inspections shall be at the expense of the handler,
Provided, That for handlers making shipments from facilities located in
an area where inspection costs for inspector travel and shipment of
samples for aflatoxin testing would otherwise exceed the average of
those same inspection costs for comparable handling operations located
in Districts 1 and 2, such handlers may be compensated by the committee
for the difference between their respective inspection costs and such
average, or as otherwise recommended by the committee and approved by
the Secretary.
Proposal Number 3
8. Redesignate Sec. 983.34 as Sec. 983.43 and revise paragraph
(a) to read as follows:
Sec. 983.43 Procedure.
(a) Quorum. A quorum of the committee shall be any seven voting
committee members. The vote of a majority of members present at a
meeting at which there is a quorum shall constitute the act of the
committee: Provided, That actions of the committee with respect to the
following issues shall require twelve (12) concurring votes of the
voting members regarding any recommendation to the Secretary for
adoption or change in:
(1) Quality levels;
(2) Aflatoxin levels;
(3) Research under Sec. 983.46; and
Provided further, That actions of the committee with respect to the
following issues shall require eight (8) concurring votes of the voting
members regarding recommendation to the Secretary for adoption or
change in:
(4) Inspection programs;
(5) The establishment of the committee.
* * * * *
9. Redesignate existing Sec. 983.46 as Sec. 983.59, add a new
Sec. 983.46, and revise Sec. 983.59 to read as follows:
Sec. 983.46 Research.
The committee, with the approval of the Secretary, may establish or
provide for the establishment of projects involving research designed
to assist or improve the efficient production and postharvest handling
of quality pistachios. The committee, with the approval of the
Secretary, may also establish or provide for the establishment of
projects designed to determine the effects of pistachio consumption on
human health and nutrition. Pursuant to Sec. 983.43(a), such research
projects may only be established with 12 concurring votes of the voting
members of the committee. The expenses of such projects shall be paid
from funds collected pursuant to Sec. Sec. 983.71 and 983.72.
* * * * *
Sec. 983.59 Modification or suspension of regulations.
(a) In the event that the committee, at any time, finds that by
reason of changed conditions, any regulations issued pursuant to
Sec. Sec. 983.50 through 983.58 should be modified or suspended, it
shall, pursuant to Sec. 983.43, so recommend to the Secretary.
(b) Whenever the Secretary finds from the recommendations and
information submitted by the committee or from other available
information, that a regulation should be modified, suspended, or
terminated with respect to any or all shipments of pistachios in order
to effectuate the declared policy of the Act, the Secretary shall
modify or suspend such provisions. If the Secretary finds that a
regulation obstructs or does not tend to effectuate the declared policy
of the Act, the Secretary shall suspend or terminate such regulation.
(c) The committee, with the approval of the Secretary, may issue
rules and regulations implementing Sec. Sec. 983.50 through 983.58.
10. Redesignate Sec. 983.54 as Sec. 983.72 and revise it to read
as follows:
Sec. 983.72 Contributions.
The committee may accept voluntary contributions but these shall
only be used to pay for committee expenses unless specified in support
of research under Sec. 983.46. Furthermore, research contributions
shall be free of additional encumbrances by the donor and the committee
shall retain complete control of their use.
Proposal Number 4
11. In Sec. 983.1, remove the words ``for testing aflatoxin.''
12. In Sec. 983.38, lift the suspension of December 10, 2007,
redesignate Sec. 983.38 as Sec. 983.50, and revise it to read as
follows:
Sec. 983.50 Aflatoxin regulations.
The committee shall establish, with the approval of the Secretary,
such aflatoxin sampling, analysis, and inspection requirements
applicable to pistachios to be shipped for domestic human consumption
as will contribute to orderly marketing or be in the public interest.
No handler shall ship, for human consumption, pistachios that exceed an
aflatoxin level established by the committee and approved by the
Secretary. All domestic shipments must be covered by an aflatoxin
inspection certificate.
13. In Sec. 983.40, lift the suspension of December 10, 2007,
redesignate Sec. 983.40 as Sec. 983.52, and revise it to read as
follows:
Sec. 983.52 Failed lots/rework procedure.
(a) Substandard pistachios. Each lot of substandard pistachios may
be reworked to meet aflatoxin or quality requirements. The committee
shall designate, with the Secretary's approval, appropriate rework
procedures.
(b) Failed lot reporting. If a lot fails to meet the aflatoxin and/
or the quality requirements of this part, a failed lot notification
report shall be completed and sent to the committee within 10 working
days of the test failure. This form must be completed and submitted to
the committee each time a lot fails either aflatoxin or quality
testing. The accredited laboratories shall send the failed lot
notification reports for aflatoxin tests to the committee, and the
handler, under the supervision of an inspector, shall send the failed
lot notification reports for the lots that do not meet the quality
requirements to the committee.
Proposal Number 5
14. In Sec. 983.6, lift the suspension of December 10, 2007, and
revise the section to read as follows:
Sec. 983.6 Assessed weight.
Assessed weight means pounds of inshell pistachios, with the weight
computed at 5 percent moisture, received for processing by a handler
within each production year: Provided, That for loose kernels, the
actual weight shall be multiplied by two to obtain an inshell weight;
Provided further, That the assessed weight may be based upon quality
requirements for inshell pistachios that may be recommended by the
committee and approved by the Secretary.
15. In Sec. 983.7, lift the suspension of December 10, 2007, and
revise the section to read as follows:
Sec. 983.7 Certified pistachios.
Certified pistachios are those that meet the inspection and
certification requirements under this part.
[[Page 41301]]
16. In Sec. 983.19, lift the suspension of December 10, 2007, and
remove the section.
17. In Sec. 983.31, remove the suspension of December 10, 2007,
redesignate Sec. 983.31 as Sec. 983.30, and revise it to read as
follows:
Sec. 983.30 Substandard pistachios.
Substandard pistachios means pistachios, inshell or shelled, which
do not meet regulations established pursuant to Sec. Sec. 983.50 and
983.51.
18. In Sec. 983.39, lift the suspension of December 10, 2007,
redesignate Sec. 983.39 as Sec. 983.51, and revise it to read as
follows:
Sec. 983.51 Quality regulations.
For any production year, the committee may establish, with the
approval of the Secretary, such quality and inspection requirements
applicable to pistachios to be shipped for domestic human consumption
as will contribute to orderly marketing or be in the public interest.
In such production year, no handler shall ship pistachios for domestic
human consumption unless they meet the applicable requirements as
evidenced by certification acceptable to the committee.
19. In Sec. 983.41, lift the suspension of December 10, 2007,
redesignate Sec. 983.41 as Sec. 983.53, and revise it to read as
follows:
Sec. 983.53 Testing of minimal quantities.
(a) Aflatoxin. Handlers who handle less than 1 million pounds of
assessed weight per year, have the option of utilizing both of the
following methods for testing for aflatoxin:
(1) The handler may have an inspector sample and test his or her
entire inventory of hulled and dried pistachios for the aflatoxin
certification before further processing.
(2) The handler may segregate receipts into various lots at the
handler's discretion and have an inspector sample and test each
specific lot. Any lots that have less than 15 ppb aflatoxin can be
certified by an inspector to be negative as to aflatoxin. Any lots that
are found to be above 15 ppb may be tested after reworking in the same
manner as specified in Sec. 983.50.
(b) Quality. The committee may, with the approval of the Secretary,
establish regulations regarding the testing of minimal quantities of
pistachios for quality.
20. In Sec. 983.42, lift the suspension of December 10, 2007,
redesignate Sec. 983.42 as Sec. 983.54, and revise it to read as
follows:
Sec. 983.54 Commingling.
Certified lots may be commingled with other certified lots, but the
commingling of certified and uncertified lots shall cause the loss of
certification for the commingled lots.
21. In Sec. 983.45, lift the suspension of December 10, 2007,
redesignate Sec. 983.45 as Sec. 983.57, and revise it to read as
follows:
Sec. 983.57 Substandard pistachios.
The committee shall, with the approval of the Secretary, establish
such reporting and disposition procedures as it deems necessary to
ensure that pistachios which do not meet the aflatoxin and quality
requirements established pursuant to Sec. Sec. 983.50 and 983.51 shall
not be shipped for domestic human consumption.
Proposal Number 6
22. Redesignate Sec. 983.53 as Sec. 983.71 and revise paragraph
(a) to read as follows:
Sec. 983.71 Assessments.
(a) Each handler who receives pistachios for processing in each
production year, except as provided in Sec. 983.58, shall pay the
committee on demand, an assessment based on the pro rata share of the
expenses authorized by the Secretary for that year attributable to the
assessed weight of pistachios received by that handler in that year.
* * * * *
23. Redesignate existing Sec. 983.58 as Sec. 983.80 and add a new
Sec. 983.58 as follows:
Sec. 983.58 Interhandler transfers.
Within the production area, any handler may transfer pistachios to
another handler for additional handling, and any assessments,
inspection requirements, aflatoxin testing requirements, and any other
marketing order requirements with respect to pistachios so transferred
may be assumed by the receiving handler. The committee, with the
approval of the Secretary, may establish methods and procedures,
including necessary reports, to maintain accurate records for such
transfers.
Proposal Number 7--Administrative Changes
24. Sec. 983.8 is revised to read as follows:
Sec. 983.8 Committee.
Committee means the Administrative Committee for Pistachios
established pursuant to Sec. 983.41.
25. Redesignate Sec. 983.33 as Sec. 983.42 and revise it by
removing the word ``grower'' and adding in its place the word
``producer'' in paragraph (a), removing the reference to ``Sec.
983.32'' and adding in its place the ``Sec. 983.41'' in paragraph (j),
and by removing the reference to ``Sec. Sec. 983.32, 983.33, and
983.34'' and adding in its place ``Sec. Sec. 983.41, 983.42, and
983.43'' in paragraph (n).
26. Redesignate Sec. 983.56 as Sec. 983.74 and revise it by
removing the reference to ``Sec. 983.53'' and adding in its place
``Sec. 983.71'' in paragraph (a)(1).
27. Redesignate Sec. 983.57 as Sec. 983.75 and revise it to read
as follows:
Sec. 983.75 Implementation and amendments.
The Secretary, upon the recommendation of a majority of the
committee, may issue rules and regulations implementing or modifying
Sec. Sec. 983.64 through 983.74 inclusive.
28. Redesignate Sec. 983.65 as Sec. 983.87 and revise it to read
as follows:
Sec. 983.87 Effective time.
The provisions of this part, as well as any amendments, shall
become effective at such time as the Secretary may declare, and shall
continue in force until terminated or suspended in one of the ways
specified in Sec. 983.88 or 983.89.
29. Redesignate Sec. 983.70 as 983.92 and revise it to read as
follows:
Sec. 983.92 Exemption.
Any handler may handle pistachios within the production area free
of the requirements in Sec. Sec. 983.50 through 983.58 and 983.71 if
such pistachios are handled in quantities not exceeding 5,000 dried
pounds during any production year. This section may be changed as
recommended by the committee and approved by the Secretary.
30. Redesignate the following sections as follows:
------------------------------------------------------------------------
Old section New section
------------------------------------------------------------------------
983.22 983.21
983.23 983.22
983.24 983.23
983.25 983.24
983.27 983.26
983.28 983.27
983.29 983.28
983.30 983.29
983.35 983.44
983.36 983.45
983.37 983.47
983.43 983.55
983.47 983.64
983.48 983.65
983.49 983.66
983.50 983.67
983.51 983.68
983.52 983.70
983.55 983.73
983.59 983.81
983.60 983.82
[[Page 41302]]
983.61 983.83
983.62 983.84
983.63 983.85
983.64 983.86
983.66 983.88
983.67 983.89
983.68 983.90
983.69 983.91
------------------------------------------------------------------------
Proposal Number 8
Make such changes as may be necessary to the order to conform with
any amendment that may result from the hearing.
Dated: July 15, 2008.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. 08-1445 Filed 7-15-08; 4:25 pm]
BILLING CODE 3410-02-P
