Kiwifruit Grown in California; Change in Reporting Requirements and New Information Collection, 26806-26810 [E9-12995]
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26806
Proposed Rules
Federal Register
Vol. 74, No. 106
Thursday, June 4, 2009
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 920
[Doc. No. AMS–FV–08–0017; FV08–920–2
PR]
Kiwifruit Grown in California; Change
in Reporting Requirements and New
Information Collection
AGENCY: Agricultural Marketing Service,
USDA.
ACTION: Proposed rule.
SUMMARY: This rule invites comments
on proposed changes to the reporting
requirements currently prescribed under
the marketing order that regulates the
handling of kiwifruit grown in
California. The order is administered
locally by the Kiwifruit Administrative
Committee (Committee). This rule
would require handlers who ship
100,000 or more trays per season to file
weekly shipment and price information
with the Committee. Shipments of
organic kiwifruit would be exempt from
this requirement. The Committee would
use this information to prepare its
marketing policy statements and annual
reports and to provide timely
information to the industry to assist
them in making marketing decisions
throughout the season. This proposal
also announces the Agricultural
Marketing Service’s (AMS) intention to
request approval from Office of
Management and Budget (OMB) of a
new information collection.
DATES: Comments on the proposed
rulemaking must be received by August
3, 2009. Pursuant to the Paperwork
Reduction Act (44 U.S.C. Chapter 35),
comments on the information collection
burden that would result from this
proposal must be received by August 3,
2009.
ADDRESSES: Interested persons are
invited to submit written comments
concerning this proposal. Comments
must be sent to the Docket Clerk,
Marketing Order Administration
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Branch, Fruit and Vegetable Programs,
AMS, USDA, 1400 Independence
Avenue, SW., STOP 0237, Washington,
DC 20250–0237; Fax: (202) 720–8938; or
Internet: https://www.regulations.gov. All
comments should reference the docket
number and the date and page number
of this issue of the Federal Register and
will be made available for public
inspection in the Office of the Docket
Clerk during regular business hours, or
can be viewed at: https://
www.regulations.gov. All comments
submitted in response to this rule will
be included in the record and will be
made available to the public. Please be
advised that the identity of the
individuals or entities submitting the
comments will be made public on the
Internet at the address provided above.
FOR FURTHER INFORMATION CONTACT:
Debbie Wray, 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:
Debbie.Wray@ams.usda.gov or
Kurt.Kimmel@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
proposal is issued under Marketing
Order No. 920 as amended (7 CFR part
920), regulating the handling of
kiwifruit 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.
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The Act provides that administrative
proceedings must be exhausted before
parties may file suit in court. Under
section 608c(15)(A) of the Act, any
handler subject to an order may file
with USDA a petition stating that the
order, any provision of the order, or any
obligation imposed in connection with
the order is not in accordance with law
and request a modification of the order
or to be exempted therefrom. A handler
is afforded the opportunity for a hearing
on the petition. After the hearing, USDA
would rule on the petition. The Act
provides that the district court of the
United States in any district in which
the handler is an inhabitant, or has his
or her principal place of business, has
jurisdiction to review USDA’s ruling on
the petition, provided an action is filed
not later than 20 days after the date of
the entry of the ruling.
This proposal invites comments on
changes to the reporting requirements
authorized under the order. This rule
would add a new reporting requirement
and form to those currently specified in
the order’s administrative rules and
regulations. This change would allow
the Committee to collect weekly
shipment and price information from
kiwifruit handlers who ship 100,000 or
more trays per season. Under this
proposed regulation, handlers would
not be required to provide weekly
shipment and price information on
shipments of organic kiwifruit. The
information collected would be used by
the Committee to prepare its marketing
policy statement as required under the
order. The information would also be
used to generate timely reports for the
industry as a whole to use in making
marketing decisions throughout the
season. This proposal was
recommended by the Committee at its
meetings on September 6, 2007; January
30, 2008; and April 22, 2008.
Section 920.34 of the order requires
the Committee to prepare an annual
report for presentation to the Secretary
and the industry. The annual report
provides a cumulative review of
industry statistics as well as information
about program activities and
expenditures. Section 920.50 of the
order requires the Committee to prepare
an annual marketing policy report for
submission to the Secretary. The
marketing policy describes expected
kiwifruit production, quality, and
marketing conditions. Along with other
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pertinent information, the marketing
policy provides the basis for the
recommendation of appropriate
kiwifruit handling regulations for the
upcoming season. Section 920.60 of the
order authorizes the Committee to
require handlers to file reports and
provide other information as may be
necessary for the Committee to perform
these duties. The provisions of
§ 920.60(c) require that handlers
maintain copies of all kiwifruit receipts
and disposals for at least two
succeeding fiscal years to verify their
shipping reports.
The Committee’s current reporting
requirements are specified in § 920.160
of the order’s administrative rules and
regulations. This section includes
requirements that handlers submit
shipment reports and the Kiwifruit
Inventory Shipping System (KISS) form,
which consists of three reports: KISS/
Add Inventory, KISS/Deduct Inventory,
and KISS/Shipment.
Handlers who ship fewer than 10,000
trays per season are only required to file
the shipment report twice per year and
are not required to file the KISS form.
Handlers who ship 10,000 trays or more
per season are required to file the
shipment report monthly and all three
sections of the KISS form monthly or
semi-monthly during certain months.
The Committee provides forms to assist
handlers with supplying the required
information.
Kiwifruit shipments generally begin
in September and continue through
July. The Committee requires handlers
who ship 10,000 trays or more to file
their initial shipment reports by the fifth
day of the month following the month
in which their first shipments are made.
This report is used to track shipments
by type, weight, and destination.
The Committee has established
November 5 as the deadline for filing
the initial KISS reports. Subsequent
reports are to be filed on the fifth day
of each month throughout the season,
with biweekly reports required for the
months of December, January, and
February. The KISS/Shipment report is
used to report shipments by fruit size
and pack type. The KISS/Add Inventory
and KISS/Deduct Inventory reports are
used to report changes in inventory.
This proposed rule would revise
§ 920.160 by adding a new reporting
requirement and form. Under the new
regulation, handlers who ship 100,000
tray equivalents or more per season to
would be required to submit weekly
shipment and price data on the new
KISS Price/Shipment report form. The
information collected on the KISS Price/
Shipment report would include data on
gross f.o.b. sales and the total number of
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containers shipped by pack, fruit size,
grade, and market destination. Handlers
submitting the KISS Price/Shipment
report would no longer be required to
submit the existing shipment report or
KISS/Shipment report as that
information would be collected on the
new KISS Price/Shipment report.
However, handlers submitting the KISS
Price/Shipment report would still be
responsible for filing the KISS/Add
Inventory and KISS/Deduct Inventory
reports.
The Committee recommended the
100,000 tray threshold because handlers
shipping 100,000 trays or more account
for approximately 90% of the
production area’s total shipments in a
season. Committee members believe that
information on such shipments would
provide a sufficiently broad picture of
ongoing marketing conditions.
Information about the volume of
kiwifruit in the current channels of
commerce would be compiled by the
Committee and reported to the industry.
The Committee believes that such
information provided throughout the
season would benefit the industry as a
whole when making marketing
decisions.
While information from handlers with
total shipments of fewer than 100,000
trays each season might not be
significant on a weekly basis, such
information would continue to be
collected from those handlers on the
other existing shipment and KISS
reports and would be used to generate
the Committee’s marketing policy
statements and annual reports.
The current reporting requirements
make no provisions for collecting
information on kiwifruit prices. The
Committee believes that the industry as
a whole would benefit from receiving
gross f.o.b. sales information that would
be collected by the Committee each
week and used to generate timely
industry reports. In the past, the
Committee has used information from
other sources to prepare their
mandatory reports and provide updates
to the industry, but Committee members
feel that information from such sources
no longer meets their needs. For
example, one voluntary industry
organization collects and reports weekly
price information from participating
handlers. Some industry members have
found this information helpful in
making marketing decisions in the past.
However, Committee members report
that the number of participating
handlers has declined and that the
information collected from the
remaining participants may not provide
as complete a picture of ongoing
marketing conditions as the Committee
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would like. The Committee believes that
compiling sales information from all
large-volume kiwifruit handlers in the
production area would be more
reflective of—and would be of greater
benefit to—the industry as a whole.
There can be significant differences in
the price of kiwifruit throughout the
season, including great fluctuations in
prices from week to week. The
Committee believes that having accurate
and timely sales information would
help to reduce these price fluctuations
and promote orderly marketing,
resulting in increased grower returns.
Under the proposed change, handlers
would not be required to report
shipments of organically-produced
(organic) kiwifruit on the new KISS
Price/Shipment report. There are only a
small number of handlers who handle
organic kiwifruit, representing a small
percentage of total shipments. Organic
kiwifruit has its own unique marketing
conditions with a pricing structure that
differs from that of conventionallyproduced (conventional) kiwifruit.
Therefore, the Committee recommended
that shipments of organic kiwifruit
should be exempt from the new
reporting requirements. However,
organic kiwifruit shipments would
continue to be reported as required on
the appropriate existing Committee
forms.
Kiwifruit handlers who ship between
10,000 and 100,000 trays or tray
equivalents would continue to report by
submitting monthly shipping reports
and the existing KISS forms, including
the KISS/Shipment reports. The
reporting requirements for handlers
shipping fewer than 10,000 tray
equivalents would also remain the
same. Also, the reporting exemption for
minimum quantities of kiwifruit
handled under certain conditions
specified in § 920.110(b) would remain
unchanged.
For the new KISS Price/Shipment
report, the shipping week would be
defined as Sunday through Saturday.
Reports for each shipping week would
be due no later than 5 p.m. (the close
of business) on Tuesday of the following
week to insure timely processing of
current shipment and price information.
Handlers would begin reporting
following the first week of the season in
which they have shipments. In weeks
when no shipments are made, each
handler would still be required to file a
report indicating that no shipments
were made during the reporting period.
This would continue until the handler
files a final report for the season. The
new reporting form proposed by the
Committee would have a space for
handlers to indicate when they are filing
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their final reports of the season. The
price data and shipping information
received from all affected handlers
would be compiled by the Committee
and presented to the industry
throughout the season in the form of
general reports. At the end of each year,
the information collected would be
summarized and used to prepare the
Committee’s annual reports and
marketing policy statements.
This rule would also make a
correction to § 920.160(b). A final rule
published in the Federal Register on
December 10, 1996 [61 FR 64959], made
changes to § 920.160(b) and
inadvertently removed part of the
section. Specifically, the last sentence of
§ 920.160(b), which specifies the
frequency with which the KISS reports
shall be filed as well as what
information shall be included, was
removed. This rule would restore the
language that was inadvertently
removed.
Section 8e of the Act provides that
when certain domestically produced
commodities, including kiwifruit, are
regulated under a Federal marketing
order, imports of that commodity must
meet the same or comparable grade,
size, quality, and maturity requirements.
This rule would only change the
reporting requirements under the
domestic handling regulations. No
changes to the import regulations would
be made.
Initial Regulatory Flexibility Analysis
Pursuant to requirements set forth in
the Regulatory Flexibility Act (5 U.S.C.
601–612) (RFA), the Agricultural
Marketing Service (AMS) has
considered the economic impact of this
action on small entities. Accordingly,
AMS has prepared this initial regulatory
flexibility analysis.
The purpose of the RFA is to fit
regulatory actions to the scale of
business subject to such actions in order
that small businesses will not be unduly
or disproportionately burdened.
Marketing orders issued pursuant to the
Act, and rules issued thereunder, are
unique in that they are brought about
through group action of essentially
small entities acting on their own
behalf.
Small agricultural service firms are
defined by the Small Business
Administration (SBA) (13 CFR 121.201)
as those having annual receipts of less
than $7,000,000, and small agricultural
producers are defined as those having
annual receipts of less than $750,000.
Based on Committee data, there are
approximately 30 handlers of kiwifruit
subject to regulation under the
marketing order and approximately 220
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kiwifruit growers in the production
area. According to information provided
by the Committee, approximately three
handlers handle only organic kiwifruit,
and four handle both conventional and
organic kiwifruit.
The California Agricultural Statistical
Service (CASS) reported total California
kiwifruit production for the 2006–07
season at 26,100 tons with an average
price of $911 per ton. Based on the
average price and shipment information
provided by the CASS and the
Committee, it could be concluded that
the majority of kiwifruit handlers would
be considered small businesses under
the SBA definition. In addition, based
on kiwifruit production and price
information, as well as the total number
of California kiwifruit growers, the
average annual grower revenue is less
than $750,000. Thus, the majority of
California kiwifruit producers may also
be classified as small entities.
This proposal would change the
reporting requirements currently
prescribed under the order. This rule
would add a new reporting requirement
and form to the reporting requirements,
which would allow the Committee to
collect weekly shipment and price
information from kiwifruit handlers
who ship 100,000 or more trays per
season. Handlers would not be required
to report information on shipments of
organic kiwifruit on this new form, but
would continue to report shipments of
organic kiwifruit on existing Committee
forms. This change would help the
Committee develop its annual reports
and marketing policy statements as
required under the order and would
enable the Committee to provide timely
information to the industry as a whole
to assist with marketing decisions. This
rule would revise § 920.160, which
specifies the reporting requirements. In
addition to the new shipping and price
information collection, this rule would
restore a portion of § 920.160(b) that was
inadvertently removed from the
regulation during a previous rulemaking
action. Authority for the collection of
shipment and other information is
provided in § 920.60 of the order.
Requiring shipment and price reports
on a weekly basis would impose an
additional reporting burden on handlers
who handle 100,000 or more tray
equivalents of kiwifruit. However, this
data is already being recorded and
maintained by most handlers as a
routine part of their business.
Consequently, any additional costs
associated with this change are expected
to be minimal. Also, the benefits of
having timely information regarding
shipments and price are expected to
outweigh any costs associated with the
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increase in reporting burden. While this
change would impose an additional
reporting burden on those handlers
required to submit the KISS Price/
Shipment report, those handlers would
no longer be required to submit the
shipment report or the KISS/Shipment
report, which would offset somewhat
the increase in burden. Further, the
benefits of this rule are expected to be
equally available to all industry
members, regardless of their size.
The Committee discussed alternatives
to this action, including making no
changes to the reporting requirements.
However, the Committee believes that
collecting weekly shipment and price
data would provide valuable
information to the industry. The
Committee also considered using
weekly sales information collected by
other entities. However, the Committee
believes including the proposed
information collection under the order’s
rules and regulations would make the
reports they generate more accurate, and
more reflective of the marketing
conditions throughout the industry.
Therefore, both alternatives were
rejected.
This proposal would establish a new
reporting requirement. This action
would also require a new Committee
form, the KISS Price/Shipment report.
Therefore, this proposed rule would
impose an additional reporting burden
on handlers who handle 100,000 tray
equivalents or more of kiwifruit, which
is discussed in the Paperwork
Reduction Act section of this document.
As with all Federal marketing order
programs, reports and forms are
periodically reviewed to reduce
information requirements and
duplication by industry and public
sector agencies. USDA has not
identified any relevant Federal rules
that duplicate, overlap or conflict with
this rule.
AMS is committed to complying with
the E-Government Act, to promote the
use of the Internet and other
information technologies to provide
increased opportunities for citizen
access to Government information and
services, and for other purposes.
Further, the Committee’s meetings
were widely publicized throughout the
kiwifruit industry and all interested
persons were invited to attend the
meetings and participate in Committee
deliberations on all issues. Like all
Committee meetings, the September 6,
2007; January 30, 2008; and April 22,
2008; meetings were public meetings
and all entities, both large and small,
were able to express views on this issue.
Finally, interested persons are invited to
submit information on the regulatory
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and informational impacts of this action
on small businesses.
A small business guide on complying
with fruit, vegetable, and specialty crop
marketing agreements and orders may
be viewed at: https://www.ams.usda.gov/
AMSv1/ams.fetchTemplateData.
do?template=Template
N&page=MarketingOrders
SmallBusinessGuide. Any questions
about the compliance guide should be
sent to Jay Guerber at the previously
mentioned address in the FOR FURTHER
INFORMATION CONTACT section.
A 60-day comment period is provided
for interested persons to comment on
this proposal. All written comments
timely received will be considered
before a final determination is made on
this matter.
Paperwork Reduction Act
In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C.
Chapter 35), this notice announces that
AMS is requesting approval from the
Office of Management and Budget
(OMB) for a new information collection
request, under OMB No. 0581–NEW.
Upon approval of this new collection by
OMB, it will be merged with the forms
currently approved for use under OMB
No. 0581–0189, Generic OMB Fruit
Crops.
Title: Kiwifruit Grown in California;
Marketing Order No. 920.
OMB Number: 0581–NEW.
Type of Request: New collection.
Abstract: The information collection
requirements in this request are
essential to carry out the intent of the
Act, to provide the respondents the type
of service they request, and to
administer the California kiwifruit
marketing order program, which has
been operating since 1984.
On April 22, 2008, the Committee
unanimously recommended a new KISS
Price/Shipment report for handlers who
handle 100,000 tray equivalents or more
of kiwifruit to report to the Committee
weekly shipment and price information.
This action concerns this report, in
addition to the accompanying regulation
previously discussed, which would
require the reports to be submitted to
the Committee by handlers. Pursuant to
§ 920.60(c), handlers would maintain
records for at least two succeeding fiscal
years to verify the data reported to the
Committee on this report.
This form would allow the Committee
to collect weekly shipment and price
information from handlers who handle
100,000 tray equivalents or more of
kiwifruit each season. The Committee
would use this information in preparing
the marketing policy statement and
annual report each year. Also, weekly
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industry reports generated from this
data would provide handlers with more
timely information on which to base
their marketing decisions.
The information collected would only
be used by authorized representatives of
the USDA, including AMS, Fruit and
Vegetable Programs regional and
headquarters staff, and authorized
employees of the Committee.
Authorized Committee employees
would be the primary users of the
information, and AMS would be the
secondary user. The Committee’s staff
would compile the information
collected from handlers and use it to
prepare its annual report and marketing
policy statement as required under the
order. The Committee’s staff would also
use the data collected to provide general
market information to the industry
throughout the season. All proprietary
handler information would be kept
confidential in accordance with the Act
and order.
The proposed request for a new
information collection under the order
is as follows:
All responses to this notice will be
summarized and included in the request
for OMB approval. All comments
received will become a matter of public
record and will be available for public
inspection during regular business
hours at the address of the Docket Clerk
or at https://www.regulations.gov.
Upon publication of the final rule,
this collection will be merged with the
forms currently approved for use under
OMB No. 0581–0189 ‘‘Generic OMB
Fruit Crops.’’
KISS Price/Shipment Report
§ 920.160
Estimate of Burden: Public reporting
burden for this collection of information
is estimated to be no more than one
hour per response.
Respondents: Persons who handle
California kiwifruit.
Estimated Number of Respondents:
15.
Estimated Number of Responses per
Respondent: 28.
Estimated Total Annual Burden on
Respondents: 420 hours.
Comments: Comments are invited on:
(1) Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information will have practical utility;
(2) the accuracy of the agency’s estimate
of the burden of the proposed collection
of information, including the validity of
the methodology and assumptions used;
(3) ways to enhance the quality, utility,
and clarity of the information to be
collected; and (4) ways to minimize the
burden of the collection of information
on those who are to respond, including
the use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology.
Comments should reference OMB No.
0581–NEW and the Marketing Order for
Kiwifruit Grown in California, and
should be sent to the USDA in care of
the Docket Clerk at the previouslymentioned address or at https://
www.regulations.gov.
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List of Subjects in 7 CFR Part 920
Kiwifruit, Marketing agreements,
Reporting and recordkeeping
requirements.
For the reasons set forth in the
preamble, 7 CFR part 920 is proposed to
be amended as follows:
PART 920—KIWIFRUIT GROWN IN
CALIFORNIA
1. The authority citation for 7 CFR
part 920 continues to read as follows:
Authority: 7 U.S.C. 601–674.
[Amended]
2. § 920.160 is amended by revising
the first sentence of paragraph (a),
revising paragraph (b), and adding
paragraphs (d) and (e) to read as follows:
§ 920.160
Reports.
(a) When requested by the Kiwifruit
Administrative Committee, each shipper
who ships kiwifruit, except as provided
in paragraph (e) of this section, shall
furnish a report of shipment and
inventory data to the committee no later
than the fifth day of the month
following such shipment, or such other
later time established by the committee:
Provided, That each shipper who ships
less than 10,000 trays, or the equivalent
thereof, per fiscal year and has qualified
with the committee shall furnish such
report of shipment and inventory data to
the committee twice per fiscal year.
* * *
(b) Kiwifruit Inventory Shipping
System (KISS) form. Each handler,
except such handlers that ship less than
10,000 trays, or the equivalent thereof,
per season and have qualified with the
committee, shall file with the committee
the initial Kiwifruit Inventory Shipment
System (KISS) form, which consists of
three sections ‘‘KISS/Add Inventory,’’
‘‘KISS/Deduct Inventory,’’ and ‘‘KISS/
Shipment,’’ on or before November 5th,
or such other later time as the
committee may establish. Subsequent
KISS forms, including all three sections,
shall be filed with the committee by the
fifth day and again by the twentieth day
of each calendar month, or such other
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later time as the committee may
establish, and will contain the following
information:
(1) The beginning inventory of the
handler by size and container type;
(2) The quantity of fruit the handler
lost in repack and repacked into other
container types;
(3) The total domestic and export
shipments of the handler by size and
container type; and
(4) Any other adjustments which
increase or decrease posted handler
inventory.
(c) * * *
(d) KISS Price/Shipment report. Each
handler who ships 100,000 or more
trays, or the equivalent thereof, per
season, shall file the KISS Price/
Shipment report with the committee.
Handlers are not required to report
organic kiwifruit shipments on this
report. The handler shall file the report
weekly following the first week he or
she makes shipments and shall continue
filing reports until he or she submits a
final report for the season. Each such
report shall be filed with the committee
no later than 5 p.m. (the close of
business) on the Tuesday immediately
following the shipping week. For the
purpose of this subsection, the shipping
week is defined as Sunday through
Saturday. The report shall show:
(1) The company name, contact
person, and phone number of the
handler;
(2) Weekly period covered by the
report;
(3) Total fresh market shipments and
gross f.o.b. sales of kiwifruit by pack
style and size; and
(4) Total fresh market shipments and
gross f.o.b. sales to export markets by
pack style and size.
(e) Handlers who file the KISS Price/
Shipment report specified in paragraph
(d) of this section are exempt from filing
the shipping report specified in
paragraph (a) of this section and the
KISS/Shipment report specified in
paragraph (b) of this section.
Dated: May 29, 2009.
Robert C. Keeney,
Acting Associate Administrator.
[FR Doc. E9–12995 Filed 6–3–09; 8:45 am]
BILLING CODE P
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Jkt 217001
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1205
[Docket No. AMS–CN–09–0027; CN–08–003]
Cotton Research and Promotion
Program: Referendum Procedures
AGENCY: Agricultural Marketing Service,
USDA.
ACTION: Proposed rule with request for
comments.
SUMMARY: This proposed rule would
establish procedures which the
Department of Agriculture (USDA) will
use in conducting a referenda
considering amendments to the Cotton
Research and Promotion Order (7 CFR
part 1205) (Order) implementing section
14202 of the Food, Conservation, and
Energy Act of 2008 (Pub. L. 110–246),
herinafter the ‘‘2008 Farm Bill.’’ USDA
is considering amendments to the
Order, in a separate action, and
referendum procedures would need to
be in place prior for the industry to vote
and consider these amendments.
Referenda among cotton producers and
cotton importers are required by the
Cotton Research and Promotion Act (7
U.S.C. 2101–2118) (Act) to implement,
amend, continue, or when appropriate
to suspend, or to terminate the Order or
any of its provisions. The provisions of
this rule would be used for these
referenda.
DATES: Comments must be received on
or before June 15, 2009.
ADDRESSES: Interested persons are
invited to submit written comments
concerning this proposed rule to Shethir
M. Riva, Chief, Research and Promotion
Staff, Cotton and Tobacco Programs,
AMS, USDA, Stop 0224, 1400
Independence Ave., SW., Room 2637–S,
Washington, DC 20250–0224.
Comments should be submitted in
triplicate. Comments may also be
submitted electronically through https://
www.regulations.gov. All comments
received will be made available for
public inspection at Cotton and Tobacco
Programs, AMS, USDA, Stop 0224, 1400
Independence Ave., SW., Room 2637–S,
Washington, DC 20250–0224 during
regular business hours. A copy of this
notice may be found at: https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Shethir M. Riva, Chief, Research and
Promotion Staff, Cotton and Tobacco
Programs, AMS, USDA, Stop 0224, 1400
Independence Ave., SW., Room 2637–S,
Washington, DC 20250–0224, telephone
(202) 720–6603, facsimile (202) 690–
PO 00000
Frm 00005
Fmt 4702
Sfmt 4702
1718, or e-mail at
Shethir.Riva@ams.usda.gov.
SUPPLEMENTARY INFORMATION:
Executive Order 12866
The Office of Management and Budget
(OMB) has waived the review process
required by Executive Order 12866 for
this action.
Executive Order 12988
This proposed rule has been reviewed
under Executive Order 12988, Civil
Justice Reform. It is not intended to
have retroactive effect. This proposed
rule would 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 12 of the Act, any
person subject to an order may file with
the Secretary of Agriculture (Secretary)
a petition stating that the order, any
provision of the plan, or any obligation
imposed in connection with the order is
not in accordance with law and
requesting a modification of the order or
to be exempted therefrom. Such person
is afforded the opportunity for a hearing
on the petition. After the hearing, the
Secretary would rule on the petition.
The Act provides that the District Court
of the United States in any district in
which the person is an inhabitant, or
has his principal place of business, has
jurisdiction to review the Secretary’s
ruling, provided a complaint is filed
within 20 days from the date of the
entry of ruling.
Regulatory Flexibility Act and
Paperwork Reduction Act
Pursuant to requirements set forth in
the Regulatory Flexibility Act (RFA) [5
U.S.C. 601–612], the Agricultural
Marketing Service has considered the
economic effect of this action on small
entities and has determined that its
implementation will not have a
significant economic impact on a
substantial number of small entities.
There are currently approximately
18,000 producers, and approximately
16,000 importers that are subject to the
order. In 13 CFR part 121, the Small
Business Administration (SBA) defines
small agricultural producers as those
having annual receipts of no more than
$750,000 and small agricultural service
firms (handlers) as those having annual
receipts of no more than $7.0 million.
The majority of these producers and
importers are small businesses under
the criteria established by the SBA.
This proposed rule would establish
the procedures under which cotton
producers and importers vote on
E:\FR\FM\04JNP1.SGM
04JNP1
Agencies
[Federal Register Volume 74, Number 106 (Thursday, June 4, 2009)]
[Proposed Rules]
[Pages 26806-26810]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-12995]
========================================================================
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. 74, No. 106 / Thursday, June 4, 2009 /
Proposed Rules
[[Page 26806]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 920
[Doc. No. AMS-FV-08-0017; FV08-920-2 PR]
Kiwifruit Grown in California; Change in Reporting Requirements
and New Information Collection
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This rule invites comments on proposed changes to the
reporting requirements currently prescribed under the marketing order
that regulates the handling of kiwifruit grown in California. The order
is administered locally by the Kiwifruit Administrative Committee
(Committee). This rule would require handlers who ship 100,000 or more
trays per season to file weekly shipment and price information with the
Committee. Shipments of organic kiwifruit would be exempt from this
requirement. The Committee would use this information to prepare its
marketing policy statements and annual reports and to provide timely
information to the industry to assist them in making marketing
decisions throughout the season. This proposal also announces the
Agricultural Marketing Service's (AMS) intention to request approval
from Office of Management and Budget (OMB) of a new information
collection.
DATES: Comments on the proposed rulemaking must be received by August
3, 2009. Pursuant to the Paperwork Reduction Act (44 U.S.C. Chapter
35), comments on the information collection burden that would result
from this proposal must be received by August 3, 2009.
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, 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. All comments submitted in response to this rule
will be included in the record and will be made available to the
public. Please be advised that the identity of the individuals or
entities submitting the comments will be made public on the Internet at
the address provided above.
FOR FURTHER INFORMATION CONTACT: Debbie Wray, 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:
Debbie.Wray@ams.usda.gov or Kurt.Kimmel@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 proposal is issued under Marketing
Order No. 920 as amended (7 CFR part 920), regulating the handling of
kiwifruit 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 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 changes to the reporting
requirements authorized under the order. This rule would add a new
reporting requirement and form to those currently specified in the
order's administrative rules and regulations. This change would allow
the Committee to collect weekly shipment and price information from
kiwifruit handlers who ship 100,000 or more trays per season. Under
this proposed regulation, handlers would not be required to provide
weekly shipment and price information on shipments of organic
kiwifruit. The information collected would be used by the Committee to
prepare its marketing policy statement as required under the order. The
information would also be used to generate timely reports for the
industry as a whole to use in making marketing decisions throughout the
season. This proposal was recommended by the Committee at its meetings
on September 6, 2007; January 30, 2008; and April 22, 2008.
Section 920.34 of the order requires the Committee to prepare an
annual report for presentation to the Secretary and the industry. The
annual report provides a cumulative review of industry statistics as
well as information about program activities and expenditures. Section
920.50 of the order requires the Committee to prepare an annual
marketing policy report for submission to the Secretary. The marketing
policy describes expected kiwifruit production, quality, and marketing
conditions. Along with other
[[Page 26807]]
pertinent information, the marketing policy provides the basis for the
recommendation of appropriate kiwifruit handling regulations for the
upcoming season. Section 920.60 of the order authorizes the Committee
to require handlers to file reports and provide other information as
may be necessary for the Committee to perform these duties. The
provisions of Sec. 920.60(c) require that handlers maintain copies of
all kiwifruit receipts and disposals for at least two succeeding fiscal
years to verify their shipping reports.
The Committee's current reporting requirements are specified in
Sec. 920.160 of the order's administrative rules and regulations. This
section includes requirements that handlers submit shipment reports and
the Kiwifruit Inventory Shipping System (KISS) form, which consists of
three reports: KISS/Add Inventory, KISS/Deduct Inventory, and KISS/
Shipment.
Handlers who ship fewer than 10,000 trays per season are only
required to file the shipment report twice per year and are not
required to file the KISS form. Handlers who ship 10,000 trays or more
per season are required to file the shipment report monthly and all
three sections of the KISS form monthly or semi-monthly during certain
months. The Committee provides forms to assist handlers with supplying
the required information.
Kiwifruit shipments generally begin in September and continue
through July. The Committee requires handlers who ship 10,000 trays or
more to file their initial shipment reports by the fifth day of the
month following the month in which their first shipments are made. This
report is used to track shipments by type, weight, and destination.
The Committee has established November 5 as the deadline for filing
the initial KISS reports. Subsequent reports are to be filed on the
fifth day of each month throughout the season, with biweekly reports
required for the months of December, January, and February. The KISS/
Shipment report is used to report shipments by fruit size and pack
type. The KISS/Add Inventory and KISS/Deduct Inventory reports are used
to report changes in inventory.
This proposed rule would revise Sec. 920.160 by adding a new
reporting requirement and form. Under the new regulation, handlers who
ship 100,000 tray equivalents or more per season to would be required
to submit weekly shipment and price data on the new KISS Price/Shipment
report form. The information collected on the KISS Price/Shipment
report would include data on gross f.o.b. sales and the total number of
containers shipped by pack, fruit size, grade, and market destination.
Handlers submitting the KISS Price/Shipment report would no longer be
required to submit the existing shipment report or KISS/Shipment report
as that information would be collected on the new KISS Price/Shipment
report. However, handlers submitting the KISS Price/Shipment report
would still be responsible for filing the KISS/Add Inventory and KISS/
Deduct Inventory reports.
The Committee recommended the 100,000 tray threshold because
handlers shipping 100,000 trays or more account for approximately 90%
of the production area's total shipments in a season. Committee members
believe that information on such shipments would provide a sufficiently
broad picture of ongoing marketing conditions. Information about the
volume of kiwifruit in the current channels of commerce would be
compiled by the Committee and reported to the industry. The Committee
believes that such information provided throughout the season would
benefit the industry as a whole when making marketing decisions.
While information from handlers with total shipments of fewer than
100,000 trays each season might not be significant on a weekly basis,
such information would continue to be collected from those handlers on
the other existing shipment and KISS reports and would be used to
generate the Committee's marketing policy statements and annual
reports.
The current reporting requirements make no provisions for
collecting information on kiwifruit prices. The Committee believes that
the industry as a whole would benefit from receiving gross f.o.b. sales
information that would be collected by the Committee each week and used
to generate timely industry reports. In the past, the Committee has
used information from other sources to prepare their mandatory reports
and provide updates to the industry, but Committee members feel that
information from such sources no longer meets their needs. For example,
one voluntary industry organization collects and reports weekly price
information from participating handlers. Some industry members have
found this information helpful in making marketing decisions in the
past. However, Committee members report that the number of
participating handlers has declined and that the information collected
from the remaining participants may not provide as complete a picture
of ongoing marketing conditions as the Committee would like. The
Committee believes that compiling sales information from all large-
volume kiwifruit handlers in the production area would be more
reflective of--and would be of greater benefit to--the industry as a
whole.
There can be significant differences in the price of kiwifruit
throughout the season, including great fluctuations in prices from week
to week. The Committee believes that having accurate and timely sales
information would help to reduce these price fluctuations and promote
orderly marketing, resulting in increased grower returns.
Under the proposed change, handlers would not be required to report
shipments of organically-produced (organic) kiwifruit on the new KISS
Price/Shipment report. There are only a small number of handlers who
handle organic kiwifruit, representing a small percentage of total
shipments. Organic kiwifruit has its own unique marketing conditions
with a pricing structure that differs from that of conventionally-
produced (conventional) kiwifruit. Therefore, the Committee recommended
that shipments of organic kiwifruit should be exempt from the new
reporting requirements. However, organic kiwifruit shipments would
continue to be reported as required on the appropriate existing
Committee forms.
Kiwifruit handlers who ship between 10,000 and 100,000 trays or
tray equivalents would continue to report by submitting monthly
shipping reports and the existing KISS forms, including the KISS/
Shipment reports. The reporting requirements for handlers shipping
fewer than 10,000 tray equivalents would also remain the same. Also,
the reporting exemption for minimum quantities of kiwifruit handled
under certain conditions specified in Sec. 920.110(b) would remain
unchanged.
For the new KISS Price/Shipment report, the shipping week would be
defined as Sunday through Saturday. Reports for each shipping week
would be due no later than 5 p.m. (the close of business) on Tuesday of
the following week to insure timely processing of current shipment and
price information. Handlers would begin reporting following the first
week of the season in which they have shipments. In weeks when no
shipments are made, each handler would still be required to file a
report indicating that no shipments were made during the reporting
period. This would continue until the handler files a final report for
the season. The new reporting form proposed by the Committee would have
a space for handlers to indicate when they are filing
[[Page 26808]]
their final reports of the season. The price data and shipping
information received from all affected handlers would be compiled by
the Committee and presented to the industry throughout the season in
the form of general reports. At the end of each year, the information
collected would be summarized and used to prepare the Committee's
annual reports and marketing policy statements.
This rule would also make a correction to Sec. 920.160(b). A final
rule published in the Federal Register on December 10, 1996 [61 FR
64959], made changes to Sec. 920.160(b) and inadvertently removed part
of the section. Specifically, the last sentence of Sec. 920.160(b),
which specifies the frequency with which the KISS reports shall be
filed as well as what information shall be included, was removed. This
rule would restore the language that was inadvertently removed.
Section 8e of the Act provides that when certain domestically
produced commodities, including kiwifruit, are regulated under a
Federal marketing order, imports of that commodity must meet the same
or comparable grade, size, quality, and maturity requirements. This
rule would only change the reporting requirements under the domestic
handling regulations. No changes to the import regulations would be
made.
Initial Regulatory Flexibility Analysis
Pursuant to requirements set forth in the Regulatory Flexibility
Act (5 U.S.C. 601-612) (RFA), the Agricultural Marketing Service (AMS)
has considered the economic impact of this action on small entities.
Accordingly, AMS has prepared this initial regulatory flexibility
analysis.
The purpose of the RFA is to fit regulatory actions to the scale of
business subject to such actions in order that small businesses will
not be unduly or disproportionately burdened. Marketing orders issued
pursuant to the Act, and rules issued thereunder, are unique in that
they are brought about through group action of essentially small
entities acting on their own behalf.
Small agricultural service firms are defined by the Small Business
Administration (SBA) (13 CFR 121.201) as those having annual receipts
of less than $7,000,000, and small agricultural producers are defined
as those having annual receipts of less than $750,000.
Based on Committee data, there are approximately 30 handlers of
kiwifruit subject to regulation under the marketing order and
approximately 220 kiwifruit growers in the production area. According
to information provided by the Committee, approximately three handlers
handle only organic kiwifruit, and four handle both conventional and
organic kiwifruit.
The California Agricultural Statistical Service (CASS) reported
total California kiwifruit production for the 2006-07 season at 26,100
tons with an average price of $911 per ton. Based on the average price
and shipment information provided by the CASS and the Committee, it
could be concluded that the majority of kiwifruit handlers would be
considered small businesses under the SBA definition. In addition,
based on kiwifruit production and price information, as well as the
total number of California kiwifruit growers, the average annual grower
revenue is less than $750,000. Thus, the majority of California
kiwifruit producers may also be classified as small entities.
This proposal would change the reporting requirements currently
prescribed under the order. This rule would add a new reporting
requirement and form to the reporting requirements, which would allow
the Committee to collect weekly shipment and price information from
kiwifruit handlers who ship 100,000 or more trays per season. Handlers
would not be required to report information on shipments of organic
kiwifruit on this new form, but would continue to report shipments of
organic kiwifruit on existing Committee forms. This change would help
the Committee develop its annual reports and marketing policy
statements as required under the order and would enable the Committee
to provide timely information to the industry as a whole to assist with
marketing decisions. This rule would revise Sec. 920.160, which
specifies the reporting requirements. In addition to the new shipping
and price information collection, this rule would restore a portion of
Sec. 920.160(b) that was inadvertently removed from the regulation
during a previous rulemaking action. Authority for the collection of
shipment and other information is provided in Sec. 920.60 of the
order.
Requiring shipment and price reports on a weekly basis would impose
an additional reporting burden on handlers who handle 100,000 or more
tray equivalents of kiwifruit. However, this data is already being
recorded and maintained by most handlers as a routine part of their
business. Consequently, any additional costs associated with this
change are expected to be minimal. Also, the benefits of having timely
information regarding shipments and price are expected to outweigh any
costs associated with the increase in reporting burden. While this
change would impose an additional reporting burden on those handlers
required to submit the KISS Price/Shipment report, those handlers would
no longer be required to submit the shipment report or the KISS/
Shipment report, which would offset somewhat the increase in burden.
Further, the benefits of this rule are expected to be equally available
to all industry members, regardless of their size.
The Committee discussed alternatives to this action, including
making no changes to the reporting requirements. However, the Committee
believes that collecting weekly shipment and price data would provide
valuable information to the industry. The Committee also considered
using weekly sales information collected by other entities. However,
the Committee believes including the proposed information collection
under the order's rules and regulations would make the reports they
generate more accurate, and more reflective of the marketing conditions
throughout the industry. Therefore, both alternatives were rejected.
This proposal would establish a new reporting requirement. This
action would also require a new Committee form, the KISS Price/Shipment
report. Therefore, this proposed rule would impose an additional
reporting burden on handlers who handle 100,000 tray equivalents or
more of kiwifruit, which is discussed in the Paperwork Reduction Act
section of this document.
As with all Federal marketing order programs, reports and forms are
periodically reviewed to reduce information requirements and
duplication by industry and public sector agencies. USDA has not
identified any relevant Federal rules that duplicate, overlap or
conflict with this rule.
AMS is committed to complying with the E-Government Act, to promote
the use of the Internet and other information technologies to provide
increased opportunities for citizen access to Government information
and services, and for other purposes.
Further, the Committee's meetings were widely publicized throughout
the kiwifruit industry and all interested persons were invited to
attend the meetings and participate in Committee deliberations on all
issues. Like all Committee meetings, the September 6, 2007; January 30,
2008; and April 22, 2008; meetings were public meetings and all
entities, both large and small, were able to express views on this
issue. Finally, interested persons are invited to submit information on
the regulatory
[[Page 26809]]
and informational impacts of this action on small businesses.
A small business guide on complying with fruit, vegetable, and
specialty crop marketing agreements and orders may be viewed at: https://www.ams.usda.gov/AMSv1/ams.fetchTemplateData.do?template=TemplateN&page=MarketingOrdersSmallBusinessGuide. Any questions about the compliance guide should be sent to
Jay Guerber at the previously mentioned address in the FOR FURTHER
INFORMATION CONTACT section.
A 60-day comment period is provided for interested persons to
comment on this proposal. All written comments timely received will be
considered before a final determination is made on this matter.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
Chapter 35), this notice announces that AMS is requesting approval from
the Office of Management and Budget (OMB) for a new information
collection request, under OMB No. 0581-NEW. Upon approval of this new
collection by OMB, it will be merged with the forms currently approved
for use under OMB No. 0581-0189, Generic OMB Fruit Crops.
Title: Kiwifruit Grown in California; Marketing Order No. 920.
OMB Number: 0581-NEW.
Type of Request: New collection.
Abstract: The information collection requirements in this request
are essential to carry out the intent of the Act, to provide the
respondents the type of service they request, and to administer the
California kiwifruit marketing order program, which has been operating
since 1984.
On April 22, 2008, the Committee unanimously recommended a new KISS
Price/Shipment report for handlers who handle 100,000 tray equivalents
or more of kiwifruit to report to the Committee weekly shipment and
price information. This action concerns this report, in addition to the
accompanying regulation previously discussed, which would require the
reports to be submitted to the Committee by handlers. Pursuant to Sec.
920.60(c), handlers would maintain records for at least two succeeding
fiscal years to verify the data reported to the Committee on this
report.
This form would allow the Committee to collect weekly shipment and
price information from handlers who handle 100,000 tray equivalents or
more of kiwifruit each season. The Committee would use this information
in preparing the marketing policy statement and annual report each
year. Also, weekly industry reports generated from this data would
provide handlers with more timely information on which to base their
marketing decisions.
The information collected would only be used by authorized
representatives of the USDA, including AMS, Fruit and Vegetable
Programs regional and headquarters staff, and authorized employees of
the Committee. Authorized Committee employees would be the primary
users of the information, and AMS would be the secondary user. The
Committee's staff would compile the information collected from handlers
and use it to prepare its annual report and marketing policy statement
as required under the order. The Committee's staff would also use the
data collected to provide general market information to the industry
throughout the season. All proprietary handler information would be
kept confidential in accordance with the Act and order.
The proposed request for a new information collection under the
order is as follows:
KISS Price/Shipment Report
Estimate of Burden: Public reporting burden for this collection of
information is estimated to be no more than one hour per response.
Respondents: Persons who handle California kiwifruit.
Estimated Number of Respondents: 15.
Estimated Number of Responses per Respondent: 28.
Estimated Total Annual Burden on Respondents: 420 hours.
Comments: Comments are invited on: (1) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; (2) the accuracy of the agency's estimate of
the burden of the proposed collection of information, including the
validity of the methodology and assumptions used; (3) ways to enhance
the quality, utility, and clarity of the information to be collected;
and (4) ways to minimize the burden of the collection of information on
those who are to respond, including the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology.
Comments should reference OMB No. 0581-NEW and the Marketing Order
for Kiwifruit Grown in California, and should be sent to the USDA in
care of the Docket Clerk at the previously-mentioned address or at
https://www.regulations.gov.
All responses to this notice will be summarized and included in the
request for OMB approval. All comments received will become a matter of
public record and will be available for public inspection during
regular business hours at the address of the Docket Clerk or at https://www.regulations.gov.
Upon publication of the final rule, this collection will be merged
with the forms currently approved for use under OMB No. 0581-0189
``Generic OMB Fruit Crops.''
List of Subjects in 7 CFR Part 920
Kiwifruit, Marketing agreements, Reporting and recordkeeping
requirements.
For the reasons set forth in the preamble, 7 CFR part 920 is
proposed to be amended as follows:
PART 920--KIWIFRUIT GROWN IN CALIFORNIA
1. The authority citation for 7 CFR part 920 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
Sec. 920.160 [Amended]
2. Sec. 920.160 is amended by revising the first sentence of
paragraph (a), revising paragraph (b), and adding paragraphs (d) and
(e) to read as follows:
Sec. 920.160 Reports.
(a) When requested by the Kiwifruit Administrative Committee, each
shipper who ships kiwifruit, except as provided in paragraph (e) of
this section, shall furnish a report of shipment and inventory data to
the committee no later than the fifth day of the month following such
shipment, or such other later time established by the committee:
Provided, That each shipper who ships less than 10,000 trays, or the
equivalent thereof, per fiscal year and has qualified with the
committee shall furnish such report of shipment and inventory data to
the committee twice per fiscal year. * * *
(b) Kiwifruit Inventory Shipping System (KISS) form. Each handler,
except such handlers that ship less than 10,000 trays, or the
equivalent thereof, per season and have qualified with the committee,
shall file with the committee the initial Kiwifruit Inventory Shipment
System (KISS) form, which consists of three sections ``KISS/Add
Inventory,'' ``KISS/Deduct Inventory,'' and ``KISS/Shipment,'' on or
before November 5th, or such other later time as the committee may
establish. Subsequent KISS forms, including all three sections, shall
be filed with the committee by the fifth day and again by the twentieth
day of each calendar month, or such other
[[Page 26810]]
later time as the committee may establish, and will contain the
following information:
(1) The beginning inventory of the handler by size and container
type;
(2) The quantity of fruit the handler lost in repack and repacked
into other container types;
(3) The total domestic and export shipments of the handler by size
and container type; and
(4) Any other adjustments which increase or decrease posted handler
inventory.
(c) * * *
(d) KISS Price/Shipment report. Each handler who ships 100,000 or
more trays, or the equivalent thereof, per season, shall file the KISS
Price/Shipment report with the committee. Handlers are not required to
report organic kiwifruit shipments on this report. The handler shall
file the report weekly following the first week he or she makes
shipments and shall continue filing reports until he or she submits a
final report for the season. Each such report shall be filed with the
committee no later than 5 p.m. (the close of business) on the Tuesday
immediately following the shipping week. For the purpose of this
subsection, the shipping week is defined as Sunday through Saturday.
The report shall show:
(1) The company name, contact person, and phone number of the
handler;
(2) Weekly period covered by the report;
(3) Total fresh market shipments and gross f.o.b. sales of
kiwifruit by pack style and size; and
(4) Total fresh market shipments and gross f.o.b. sales to export
markets by pack style and size.
(e) Handlers who file the KISS Price/Shipment report specified in
paragraph (d) of this section are exempt from filing the shipping
report specified in paragraph (a) of this section and the KISS/Shipment
report specified in paragraph (b) of this section.
Dated: May 29, 2009.
Robert C. Keeney,
Acting Associate Administrator.
[FR Doc. E9-12995 Filed 6-3-09; 8:45 am]
BILLING CODE P