Walnuts Grown in California; Order Amending Marketing Order No. 984; Correcting Amendment, 18463-18464 [E9-9289]

Download as PDF Federal Register / Vol. 74, No. 77 / Thursday, April 23, 2009 / Rules and Regulations Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, and United Kingdom. The Free Trade Agreements and the respective Parties to the agreements are: (1) Dominican Republic-Central AmericaUnited States Free Trade Agreement (DR– CAFTA): Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, and Nicaragua; (2) North American Free Trade Agreement (NAFTA): Canada and Mexico; (3) United States-Australia Free Trade Agreement (U.S.-Australia FTA); (4) United States-Bahrain Free Trade Agreement (U.S.-Bahrain FTA); (5) United States-Chile Free Trade Agreement (U.S.-Chile FTA); (6) United States-Israel Free Trade Agreement (U.S.-Israel FTA); (7) United States-Morocco Free Trade Agreement (U.S.-Morocco FTA); (8) United States-Oman Free Trade Agreement (U.S.-Oman FTA); (9) United States-Peru Trade Promotion Agreement (U.S.-Peru TPA); and (10) United States-Singapore Free Trade Agreement (U.S.-Singapore FTA). United States-European Communities Exchange of Letters (May 30, 1995) (U.S.-EC Exchange of Letters) applies to EC Member States: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovak Republic, Slovenia, Spain, Sweden, and United Kingdom. chapter 31 of title 40, United States Code. Pursuant to Reorganization Plan No. 14 and the Copeland Act, 40 U.S.C. 3145, the Department of Labor has issued regulations at 29 CFR parts 1, 3, and 5 to implement the Davis-Bacon and related Acts. Regulations in 29 CFR 5.5 instruct agencies concerning application of the standard Davis-Bacon contract clauses set forth in that section. Federal agencies providing grants, cooperative agreements, and loans under the Recovery Act shall ensure that the standard Davis-Bacon contract clauses found in 29 CFR 5.5(a) are incorporated in any resultant covered contracts that are in excess of $2,000 for construction, alteration or repair (including painting and decorating). (b) For additional guidance on the wage rate requirements of section 1606, contact your awarding agency. Recipients of grants, cooperative agreements and loans should direct their initial inquiries concerning the application of Davis-Bacon requirements to a particular federally assisted project to the Federal agency funding the project. The Secretary of Labor retains final coverage authority under Reorganization Plan Number 14. Subpart D—Single Audit Information for Recipients of Recovery Act Funds § 176.200 Procedure. Subpart C—Wage Rate Requirements Under Section 1606 of the American Recovery and Reinvestment Act of 2009 The award official shall insert the standard award term in this Subpart in all awards funded in whole or in part with Recovery Act funds. § 176.180 § 176.210 Award term—Recovery Act Transactions listed in Schedule of Expenditures of Federal Awards and Recipient Responsibilities for Informing Subrecipients. Procedure. The award official shall insert the standard award term in this Subpart in all awards funded in whole or in part with Recovery Act funds. rwilkins on PROD1PC63 with RULES § 176.190 Award term—Wage Rate Requirements under Section 1606 of the Recovery Act. When issuing announcements or requesting applications for Recovery Act programs or activities that may involve construction, alteration, maintenance, or repair the agency shall use the award term described in the following paragraphs: (a) Section 1606 of the Recovery Act requires that all laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to the Recovery Act shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of VerDate Nov<24>2008 16:03 Apr 22, 2009 Jkt 217001 The award term described in this section shall be used by agencies to clarify recipient responsibilities regarding tracking and documenting Recovery Act expenditures: (a) To maximize the transparency and accountability of funds authorized under the American Recovery and Reinvestment Act of 2009 (Pub. L. 111– 5) (Recovery Act) as required by Congress and in accordance with 2 CFR 215.21 ‘‘Uniform Administrative Requirements for Grants and Agreements’’ and OMB Circular A–102 Common Rules provisions, recipients agree to maintain records that identify adequately the source and application of Recovery Act funds. OMB Circular A– 102 is available at https:// www.whitehouse.gov/omb/circulars/ a102/a102.html. (b) For recipients covered by the Single Audit Act Amendments of 1996 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 18463 and OMB Circular A–133, ‘‘Audits of States, Local Governments, and NonProfit Organizations,’’ recipients agree to separately identify the expenditures for Federal awards under the Recovery Act on the Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF–SAC) required by OMB Circular A–133. OMB Circular A– 133 is available at https:// www.whitehouse.gov/omb/circulars/ a133/a133.html. This shall be accomplished by identifying expenditures for Federal awards made under the Recovery Act separately on the SEFA, and as separate rows under Item 9 of Part III on the SF–SAC by CFDA number, and inclusion of the prefix ‘‘ARRA-’’ in identifying the name of the Federal program on the SEFA and as the first characters in Item 9d of Part III on the SF–SAC. (c) Recipients agree to separately identify to each subrecipient, and document at the time of subaward and at the time of disbursement of funds, the Federal award number, CFDA number, and amount of Recovery Act funds. When a recipient awards Recovery Act funds for an existing program, the information furnished to subrecipients shall distinguish the subawards of incremental Recovery Act funds from regular subawards under the existing program. (d) Recipients agree to require their subrecipients to include on their SEFA information to specifically identify Recovery Act funding similar to the requirements for the recipient SEFA described above. This information is needed to allow the recipient to properly monitor subrecipient expenditure of ARRA funds as well as oversight by the Federal awarding agencies, Offices of Inspector General and the Government Accountability Office. [FR Doc. E9–9073 Filed 4–22–09; 8:45 am] BILLING CODE P DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 984 [Doc. No. AO–192–A7; AMS–FV–07–0004; FV06–984–1 C] Walnuts Grown in California; Order Amending Marketing Order No. 984; Correcting Amendment AGENCY: Agricultural Marketing Service, USDA. ACTION: Final rule; correcting amendment. E:\FR\FM\23APR1.SGM 23APR1 rwilkins on PROD1PC63 with RULES 18464 Federal Register / Vol. 74, No. 77 / Thursday, April 23, 2009 / Rules and Regulations SUMMARY: The Agricultural Marketing Service published a final rule in the Federal Register on March 3, 2008 (73 FR 11328). The document implemented amendments to the California walnut marketing order. However, that document inadvertently omitted a change that would make the term of office for California Walnut Board (Board) members correspond with the time period prescribed for the Board’s marketing year. This correcting amendment changes the term of office of Board members from July 1 through June 30 to September 1 through August 31 to correspond with the Board’s marketing year. DATES: Effective Date: April 24, 2009. FOR FURTHER INFORMATION CONTACT: Melissa Schmaedick, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA; Northwest Marketing Field Office, Portland, Oregon 97204; Telephone: (503) 326–2724, Fax: (503) 326–2724, or e-mail: Melissa.Schmaedick@ams.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@ams.usda.gov. SUPPLEMENTARY INFORMATION: This document provides a correcting amendment to Marketing Order 984, as amended, (7 CFR part 984), regulating the handling of walnuts grown in California, hereinafter referred to as the ‘‘order.’’ A Secretary’s Decision and Referendum Order was published in the July 13, 2007, Federal Register (72 FR 38498). That document proposed several amendments to the order, including changing the term of office of Board members from July 1 through June 30, to September 1 through August 31 so the term of office would correspond with the proposed change to the marketing year defined in the order. That document also directed that a referendum be held among producers to determine if they supported the proposed changes. In referendum, producers approved the proposed changes. A final rule establishing an Order Amending Marketing Order No. 984 was issued in the Federal Register on March 4, 2008 (73 FR 11328). That document included amendments approved by producers in referendum, but omitted the amendment to change the term of VerDate Nov<24>2008 16:03 Apr 22, 2009 Jkt 217001 office of Board members. This action corrects the amended order to include the change that was omitted. List of Subjects in 7 CFR Part 984 Marketing agreements, Nuts, Reporting and recordkeeping requirements, Walnuts. ■ Accordingly, 7 CFR part 984 is amended by making the following correcting amendment: PART 984—WALNUTS GROWN IN CALIFORNIA 1. The authority citation for 7 CFR part 984 continues to read as follows: ■ Authority: 7 U.S.C. 601–674. 2. Section 984.36 is revised to read as follows: ■ § 984.36 Term of office. The term of office for Board members and their alternates shall be for a period of two years ending on August 31 of odd-numbered years, but they shall serve until their respective successors are selected and have qualified. Dated: April 17, 2009. Robert C. Keeney, Acting Associate Administrator. [FR Doc. E9–9289 Filed 4–22–09; 8:45 am] BILLING CODE 3410–02–P DEPARTMENT OF AGRICULTURE Agricultural Marketing Service DATES: Effective Date: April 24, 2009. FOR FURTHER INFORMATION CONTACT: Jeanette Palmer, Marketing Specialist, Research and Promotion Branch, Fruit and Vegetable Programs, AMS, U.S. Department of Agriculture, 1400 Independence Avenue, SW., Room 0632, Stop 0244, Washington, DC 20250–0244; telephone: (202) 720–9915 or (888) 720–9917 (toll free); or facsimile: (202) 205–2800; or e-mail: Jeanette.Palmer@ams.usda.gov. This document corrects 7 CFR part 1209 by incorporating the words amendments, suspension, or termination for referendum procedures in the Order. SUPPLEMENTARY INFORMATION: List of Subjects in 7 CFR Part 1209 Administrative practice and procedure, Advertising, Consumer information, Marketing agreements, Mushroom promotion, Reporting and recordkeeping requirements. Accordingly, 7 CFR part 1209 is amended by making the following correcting amendment: ■ PART 1209—MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION ORDER Subpart C—Procedure for the Conduct of Referenda in Connection With the Mushroom Promotion, Research, and Consumer Information Order 7 CFR Part 1209 [Document Number AMS–FV–09–0019; FV– 09–703] 1. The authority citation for 7 CFR part 1209 continues to read as follows: ■ Mushroom Promotion, Research, and Consumer Information Order Authority: 7 U.S.C. 6101–6112; 7 U.S.C. 7401. AGENCY: Agricultural Marketing Service, USDA. ACTION: Final rule; correcting amendment. ■ SUMMARY: The Agricultural Marketing Service (AMS) published a final rule in the Federal Register on July 20, 1992, on the Mushroom Promotion, Research, and Consumer Information Order (Order) referendum procedures. This rule established procedures for the conduct of a referendum to determine if producers and importers favored implementation of the Order. The procedures also apply to any subsequent referenda to amend, continue, or terminate the Order. As written, language to amend, suspend, or terminate the program was inadvertently omitted from the procedures. This document corrects that omission. PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 2. Revise § 1209.300 to read as follows: § 1209.300 General. A referendum to determine whether eligible producers and importers favor the amendment, continuation, suspension, or termination of the Mushroom Promotion, Research, and Consumer Information Order shall be conducted in accordance with these procedures. Dated: April 17, 2009. Robert C. Keeney, Acting Associate Administrator. [FR Doc. E9–9290 Filed 4–22–09; 8:45 am] BILLING CODE 3410–02–P E:\FR\FM\23APR1.SGM 23APR1

Agencies

[Federal Register Volume 74, Number 77 (Thursday, April 23, 2009)]
[Rules and Regulations]
[Pages 18463-18464]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-9289]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 984

[Doc. No. AO-192-A7; AMS-FV-07-0004; FV06-984-1 C]


Walnuts Grown in California; Order Amending Marketing Order No. 
984; Correcting Amendment

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule; correcting amendment.

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

[[Page 18464]]

SUMMARY: The Agricultural Marketing Service published a final rule in 
the Federal Register on March 3, 2008 (73 FR 11328). The document 
implemented amendments to the California walnut marketing order. 
However, that document inadvertently omitted a change that would make 
the term of office for California Walnut Board (Board) members 
correspond with the time period prescribed for the Board's marketing 
year. This correcting amendment changes the term of office of Board 
members from July 1 through June 30 to September 1 through August 31 to 
correspond with the Board's marketing year.

DATES: Effective Date: April 24, 2009.

FOR FURTHER INFORMATION CONTACT: Melissa Schmaedick, Marketing Order 
Administration Branch, Fruit and Vegetable Programs, AMS, USDA; 
Northwest Marketing Field Office, Portland, Oregon 97204; Telephone: 
(503) 326-2724, Fax: (503) 326-2724, or e-mail: 
Melissa.Schmaedick@ams.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@ams.usda.gov.

SUPPLEMENTARY INFORMATION: This document provides a correcting 
amendment to Marketing Order 984, as amended, (7 CFR part 984), 
regulating the handling of walnuts grown in California, hereinafter 
referred to as the ``order.''
    A Secretary's Decision and Referendum Order was published in the 
July 13, 2007, Federal Register (72 FR 38498). That document proposed 
several amendments to the order, including changing the term of office 
of Board members from July 1 through June 30, to September 1 through 
August 31 so the term of office would correspond with the proposed 
change to the marketing year defined in the order. That document also 
directed that a referendum be held among producers to determine if they 
supported the proposed changes. In referendum, producers approved the 
proposed changes.
    A final rule establishing an Order Amending Marketing Order No. 984 
was issued in the Federal Register on March 4, 2008 (73 FR 11328). That 
document included amendments approved by producers in referendum, but 
omitted the amendment to change the term of office of Board members. 
This action corrects the amended order to include the change that was 
omitted.

List of Subjects in 7 CFR Part 984

    Marketing agreements, Nuts, Reporting and recordkeeping 
requirements, Walnuts.

0
Accordingly, 7 CFR part 984 is amended by making the following 
correcting amendment:

PART 984--WALNUTS GROWN IN CALIFORNIA

0
1. The authority citation for 7 CFR part 984 continues to read as 
follows:

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

0
2. Section 984.36 is revised to read as follows:


Sec.  984.36  Term of office.

    The term of office for Board members and their alternates shall be 
for a period of two years ending on August 31 of odd-numbered years, 
but they shall serve until their respective successors are selected and 
have qualified.

    Dated: April 17, 2009.
Robert C. Keeney,
Acting Associate Administrator.
[FR Doc. E9-9289 Filed 4-22-09; 8:45 am]
BILLING CODE 3410-02-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.