Tomatoes Grown in Florida; Section 610 Review, 78150-78151 [E8-30311]
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78150
Federal Register / Vol. 73, No. 246 / Monday, December 22, 2008 / Rules and Regulations
research, marketing research, market
development, and promotion activities,
including paid advertising. The research
and promotion programs are all
currently active. Finally, the order
authorizes collection and dissemination
of information for the benefit of the
industry. Funds to administer the order
are obtained from assessments levied
against all product handled under the
order.
This order has a history of regulations
that includes minimum grade and size,
and mandatory inspection. Current
industry practices have moved beyond
the need for these regulations. However,
the order contains the authority for
these provisions should they ever be
necessary to enforce again.
Regarding complaints or comments
received from the public concerning the
order, AMS received three comments,
one from a pear handler, one from the
FPC, and one from the PPC. All
comments were supportive of the order
and addressed each of the five factors
under consideration by AMS. Marketing
order issues and programs are discussed
at public meetings, and all interested
persons are allowed to express their
views. All comments are considered in
the decision making process by the
Committees and AMS before any
program changes are implemented.
In considering the order’s complexity,
AMS has determined that the order is
not unduly complex.
During the review, the order was also
checked for duplication and overlap
with other regulations. AMS did not
identify any relevant Federal rules, or
State and local regulations that
duplicate, overlap, or conflict with the
order.
The order was established in August
1939 to regulate the winter pear
varieties. During the 69 years the order
has been in effect, AMS and the OregonWashington pear industry have
continuously monitored its operations.
Changes in regulations have been
implemented to reflect current industry
operating practices, and to solve
marketing problems as they occur. The
goal of periodic evaluations is to assure
that the order and the regulations
implemented under it fit the needs of
the industry and are consistent with the
Act.
The Committees meet once or twice a
year to discuss the order and the various
regulations issued thereunder, and to
determine if, or what, changes may be
necessary to reflect current industry
practices. As a result, regulatory
changes have been made numerous
times over the years to address industry
operation changes and to improve
program administration.
VerDate Aug<31>2005
16:38 Dec 19, 2008
Jkt 217001
In 1961, the order was redesignated
from 7 CFR 939 to 7 CFR 927. In 1986,
the title of the order was simplified, by
changing it from ‘‘Beurre D’Anjou,
Beurre Bosc, Winter Nelis, Doyenne du
Comice, Beurre Easter, and Beurre
Clairgeau Varieties of Pears Grown in
the States of Oregon, Washington, and
California’’ to ‘‘Winter Pears Grown in
Oregon, Washington, and California’’.
This action allowed more varieties to be
included under the order.
Additional order improvements have
included a redefinition of the
production area and a consolidation of
orders. In 1997, California growers and
handlers were removed from the order
and agreement at their request since the
harvesting and marketing seasons for
California pears are different than those
for pears grown in Oregon and
Washington. The most recent major
amendments occurred in 2005 to
consolidate the order with Marketing
Order No. 931, Fresh Bartlett Pears
Grown in Oregon and Washington. The
title changed again, becoming ‘‘Pears
Grown in Oregon and Washington.’’
Based on the potential benefits of the
order to growers, handlers, processors,
and consumers, AMS has determined
that the Oregon-Washington pear
marketing order should be continued.
The order was established to help the
industry work with USDA to solve
marketing problems. The collection,
compilation, and dissemination of
information has provided growers,
handlers, and processors with tools to
assist them in making production and
marketing decisions.
Numerous activities and projects
undertaken by the Committees have
allowed growers to earn higher revenues
and reduce the cost of production. The
minimum quality regulation of fresh
Beurre D’Anjou pear shipments has
benefited growers, handlers, and most
importantly, consumers. AMS will
continue to work with the OregonWashington pear industry in
maintaining an effective marketing
order program.
Dated: December 16, 2008.
James E. Link,
Administrator, Agricultural Marketing
Service.
[FR Doc. E8–30310 Filed 12–19–08; 8:45 am]
BILLING CODE 3410–02–P
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 966
[Docket No. AMS–FV–08–0009; FV08–966–
610 Review]
Tomatoes Grown in Florida; Section
610 Review
AGENCY: Agricultural Marketing Service,
USDA.
ACTION: Confirmation of regulations.
SUMMARY: This action summarizes the
results under the criteria contained in
section 610 of the Regulatory Flexibility
Act (RFA), of an Agricultural Marketing
Service (AMS) review of Marketing
Order No. 966, regulating the handling
of tomatoes grown in Florida (order).
AMS has determined that the order
should be continued.
ADDRESSES: Interested persons may
obtain a copy of the review. Requests for
copies should be sent to the Docket
Clerk, Marketing Order Administration
Branch, Fruit and Vegetable Programs,
AMS, USDA, 1400 Independence
Avenue, SW., STOP 0237, Washington,
DC 20250–0237; Fax: (202) 720–8938; or
E-mail: moab.docketclerk@usda.gov. A
copy of the review may also be obtained
via the Internet at: https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
William G. Pimental or Christian D.
Nissen, Southeast Marketing Field
Office, Marketing Order Administration
Branch, Fruit and Vegetable Programs,
AMS, USDA, Winter Haven, Florida
33884; Telephone: (863) 324–3375; Fax:
(863) 325–8793; or E-mail:
William.Pimental@usda.gov or
Christian.Nissen@usda.gov.
Marketing
Order No. 966, as amended (7 CFR part
966), regulates the handling of tomatoes
grown in Florida, 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 order establishes the Florida
Tomato Committee (Committee) as the
administrative body charged with
overseeing program operations. Staff is
hired to conduct the daily
administration of the program. The
Committee consists of 12 grower
members representing four districts.
Each member has an alternate. Members
and alternate members are elected
through nomination meetings held in
each district.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\22DER1.SGM
22DER1
mstockstill on PROD1PC66 with RULES
Federal Register / Vol. 73, No. 246 / Monday, December 22, 2008 / Rules and Regulations
Currently, there are approximately
100 producers and approximately 70
handlers of Florida tomatoes. The
majority of growers and handlers may
be classified as small entities. The
regulations implemented under the
order are applied uniformly and are
designed to benefit all entities,
regardless of size.
AMS published in the Federal
Register on February 18, 1999 (64 FR
8014), a plan to review certain
regulations, including Marketing Order
No. 966, under criteria contained in
section 610 of the RFA (5 U.S.C. 601–
612). Updated plans were published in
the Federal Register on January 4, 2002
(67 FR 525), August 14, 2003 (68 FR
48574), and again on March 24, 2006 (71
FR 14827). Accordingly, AMS published
a notice of review and request for
written comments on the order in the
March 18, 2008, issue of the Federal
Register (73 FR 14400). The deadline for
comments ended May 19, 2008. While
no comments were received in response
to the notice, AMS had also published
a notice of review in the June 24, 2002,
issue of the Federal Register (67 FR
42530), as part of a previous schedule,
and one written comment in support of
the order was received. The comment is
referenced in the AMS analysis below.
The review was undertaken to
determine whether the order should be
continued without being changed,
amended, or rescinded to minimize the
impacts on small entities. In conducting
this review, AMS considered the
following factors: (1) The continued
need for the order; (2) the nature of
complaints or comments received from
the public concerning the order; (3) the
complexity of the order; (4) the extent
to which the order overlaps, duplicates,
or conflicts with other Federal rules,
and, to the extent feasible, with State
and local governmental rules; and (5)
the length of time since the order has
been evaluated or the degree to which
technology, economic conditions, or
other factors have changed in the area
affected by the order.
The order authorizes grade, size,
quality, maturity, and pack and
container regulations, as well as
research and promotion, and reporting
and inspection requirements. The order
also authorizes the Committee to
establish marketing research and
development projects designed to assist,
improve, or promote the marketing,
distribution, and consumption of
tomatoes. Finally, the order authorizes
the collection and dissemination of
information for the benefit of the
industry. The grade, size, maturity, and
inspection regulations are also applied
VerDate Aug<31>2005
16:38 Dec 19, 2008
Jkt 217001
to imported tomatoes under section
608e of the Act.
The grade, size, and maturity
requirements have helped maintain
demand for Florida tomatoes over the
years by ensuring only quality product
reaches the consumer. The compilation
and dissemination of aggregate
statistical information collection from
handlers is used by the industry to make
informed production and marketing
decisions. Funds to administer the order
are obtained from handler assessments.
Regarding complaints or comments
received from the public concerning the
order, USDA received no comments as
a result of the notice of review
published on March 18, 2008. However,
one comment was received from the
then chairperson of the Committee in
response to a separate notice of review
published in the Federal Register on
June 24, 2002 (67 FR 42530). In the
comment, the commenter noted that the
order has contributed significantly to
the success of the Florida tomato
industry. He attributes dramatically
increased yields to research authorized
under the order, while crediting the
marketing aspects of the order with
contributing to the increase in
consumption of fresh tomatoes. He also
states that the most important aspect of
the order has been its stabilizing effect
on fresh tomato markets. The
commenter believes the order has been
a success in meeting the terms of the
Act, and expressed his strongest support
for its continuation.
Marketing order issues and programs
are discussed at public meetings, and all
interested persons are allowed to
express their views. All comments are
considered in the decision making
process by the Committee and AMS
before any program changes are
implemented.
In considering the order’s complexity,
AMS has determined that the order is
not unduly complex.
During the review, the order was also
checked for duplication and overlap
with other regulations. AMS did not
identify any relevant Federal rules, or
State and local regulations that
duplicate, overlap, or conflict with the
order.
The order was established in 1955
and was last amended in July 1986.
During the 53 years the order has been
effective, AMS and the Florida tomato
industry have continuously monitored
marketing operations. Changes in
regulations have been implemented to
reflect current industry operating
practices, and to solve marketing
problems as they occur. The goal of
periodic evaluations is to ensure that
the order and the regulations
PO 00000
Frm 00003
Fmt 4700
Sfmt 4700
78151
implemented under it fit the needs of
the industry and are consistent with the
Act.
The Committee meets several times a
year to discuss the order and the various
regulations issued thereunder, and to
determine if, or what, changes may be
necessary to reflect current industry
practices. As a result, regulatory
changes have been made numerous
times over the years to address industry
operation changes and to improve
program administration.
Based on the potential benefits of the
order to producers, handlers, and
consumers, AMS has determined that
the Florida tomato marketing order
should be continued. The order was
established to help the industry work
with USDA to solve marketing
problems. The order’s regulations on
grade, size, quality, maturity, and pack,
as well as research and promotion, and
reporting requirements continue to be
beneficial to producers, handlers, and
consumers. AMS will continue to work
with the Florida tomatoes industry in
maintaining an effective marketing
order program.
Dated: December 16, 2008.
James E. Link,
Administrator, Agricultural Marketing
Service.
[FR Doc. E8–30311 Filed 12–19–08; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 984
[Docket No. AMS–FV–08–0010; FV08–984–
610 Review]
Walnuts Grown in California; Section
610 Review
AGENCY: Agricultural Marketing Service,
USDA.
ACTION: Confirmation of regulations.
SUMMARY: This action summarizes the
results under the criteria contained in
section 610 of the Regulatory Flexibility
Act (RFA), of an Agricultural Marketing
Service (AMS) review of Marketing
Order No. 984, regulating the handling
of walnuts grown in California (order).
AMS has determined that the order
should be continued.
ADDRESSES: Interested persons may
obtain a copy of the review. Requests for
copies should be sent to the Docket
Clerk, Marketing Order Administration
Branch, Fruit and Vegetable Programs,
AMS, USDA, 1400 Independence
Avenue, SW., STOP 0237, Washington,
E:\FR\FM\22DER1.SGM
22DER1
]]>Agencies
[Federal Register Volume 73, Number 246 (Monday, December 22, 2008)]
[Rules and Regulations]
[Pages 78150-78151]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-30311]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 966
[Docket No. AMS-FV-08-0009; FV08-966-610 Review]
Tomatoes Grown in Florida; Section 610 Review
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Confirmation of regulations.
-----------------------------------------------------------------------
SUMMARY: This action summarizes the results under the criteria
contained in section 610 of the Regulatory Flexibility Act (RFA), of an
Agricultural Marketing Service (AMS) review of Marketing Order No. 966,
regulating the handling of tomatoes grown in Florida (order). AMS has
determined that the order should be continued.
ADDRESSES: Interested persons may obtain a copy of the review. Requests
for copies should be sent to the Docket Clerk, Marketing Order
Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1400
Independence Avenue, SW., STOP 0237, Washington, DC 20250-0237; Fax:
(202) 720-8938; or E-mail: moab.docketclerk@usda.gov. A copy of the
review may also be obtained via the Internet at: https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: William G. Pimental or Christian D.
Nissen, Southeast Marketing Field Office, Marketing Order
Administration Branch, Fruit and Vegetable Programs, AMS, USDA, Winter
Haven, Florida 33884; Telephone: (863) 324-3375; Fax: (863) 325-8793;
or E-mail: William.Pimental@usda.gov or Christian.Nissen@usda.gov.
SUPPLEMENTARY INFORMATION: Marketing Order No. 966, as amended (7 CFR
part 966), regulates the handling of tomatoes grown in Florida,
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 order establishes the Florida Tomato Committee (Committee) as
the administrative body charged with overseeing program operations.
Staff is hired to conduct the daily administration of the program. The
Committee consists of 12 grower members representing four districts.
Each member has an alternate. Members and alternate members are elected
through nomination meetings held in each district.
[[Page 78151]]
Currently, there are approximately 100 producers and approximately
70 handlers of Florida tomatoes. The majority of growers and handlers
may be classified as small entities. The regulations implemented under
the order are applied uniformly and are designed to benefit all
entities, regardless of size.
AMS published in the Federal Register on February 18, 1999 (64 FR
8014), a plan to review certain regulations, including Marketing Order
No. 966, under criteria contained in section 610 of the RFA (5 U.S.C.
601-612). Updated plans were published in the Federal Register on
January 4, 2002 (67 FR 525), August 14, 2003 (68 FR 48574), and again
on March 24, 2006 (71 FR 14827). Accordingly, AMS published a notice of
review and request for written comments on the order in the March 18,
2008, issue of the Federal Register (73 FR 14400). The deadline for
comments ended May 19, 2008. While no comments were received in
response to the notice, AMS had also published a notice of review in
the June 24, 2002, issue of the Federal Register (67 FR 42530), as part
of a previous schedule, and one written comment in support of the order
was received. The comment is referenced in the AMS analysis below.
The review was undertaken to determine whether the order should be
continued without being changed, amended, or rescinded to minimize the
impacts on small entities. In conducting this review, AMS considered
the following factors: (1) The continued need for the order; (2) the
nature of complaints or comments received from the public concerning
the order; (3) the complexity of the order; (4) the extent to which the
order overlaps, duplicates, or conflicts with other Federal rules, and,
to the extent feasible, with State and local governmental rules; and
(5) the length of time since the order has been evaluated or the degree
to which technology, economic conditions, or other factors have changed
in the area affected by the order.
The order authorizes grade, size, quality, maturity, and pack and
container regulations, as well as research and promotion, and reporting
and inspection requirements. The order also authorizes the Committee to
establish marketing research and development projects designed to
assist, improve, or promote the marketing, distribution, and
consumption of tomatoes. Finally, the order authorizes the collection
and dissemination of information for the benefit of the industry. The
grade, size, maturity, and inspection regulations are also applied to
imported tomatoes under section 608e of the Act.
The grade, size, and maturity requirements have helped maintain
demand for Florida tomatoes over the years by ensuring only quality
product reaches the consumer. The compilation and dissemination of
aggregate statistical information collection from handlers is used by
the industry to make informed production and marketing decisions. Funds
to administer the order are obtained from handler assessments.
Regarding complaints or comments received from the public
concerning the order, USDA received no comments as a result of the
notice of review published on March 18, 2008. However, one comment was
received from the then chairperson of the Committee in response to a
separate notice of review published in the Federal Register on June 24,
2002 (67 FR 42530). In the comment, the commenter noted that the order
has contributed significantly to the success of the Florida tomato
industry. He attributes dramatically increased yields to research
authorized under the order, while crediting the marketing aspects of
the order with contributing to the increase in consumption of fresh
tomatoes. He also states that the most important aspect of the order
has been its stabilizing effect on fresh tomato markets. The commenter
believes the order has been a success in meeting the terms of the Act,
and expressed his strongest support for its continuation.
Marketing order issues and programs are discussed at public
meetings, and all interested persons are allowed to express their
views. All comments are considered in the decision making process by
the Committee and AMS before any program changes are implemented.
In considering the order's complexity, AMS has determined that the
order is not unduly complex.
During the review, the order was also checked for duplication and
overlap with other regulations. AMS did not identify any relevant
Federal rules, or State and local regulations that duplicate, overlap,
or conflict with the order.
The order was established in 1955 and was last amended in July
1986. During the 53 years the order has been effective, AMS and the
Florida tomato industry have continuously monitored marketing
operations. Changes in regulations have been implemented to reflect
current industry operating practices, and to solve marketing problems
as they occur. The goal of periodic evaluations is to ensure that the
order and the regulations implemented under it fit the needs of the
industry and are consistent with the Act.
The Committee meets several times a year to discuss the order and
the various regulations issued thereunder, and to determine if, or
what, changes may be necessary to reflect current industry practices.
As a result, regulatory changes have been made numerous times over the
years to address industry operation changes and to improve program
administration.
Based on the potential benefits of the order to producers,
handlers, and consumers, AMS has determined that the Florida tomato
marketing order should be continued. The order was established to help
the industry work with USDA to solve marketing problems. The order's
regulations on grade, size, quality, maturity, and pack, as well as
research and promotion, and reporting requirements continue to be
beneficial to producers, handlers, and consumers. AMS will continue to
work with the Florida tomatoes industry in maintaining an effective
marketing order program.
Dated: December 16, 2008.
James E. Link,
Administrator, Agricultural Marketing Service.
[FR Doc. E8-30311 Filed 12-19-08; 8:45 am]
BILLING CODE 3410-02-P
