Nectarines, Pears, and Peaches Grown in California; Continuance Referenda, 77563-77564 [2010-31201]
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Federal Register / Vol. 75, No. 238 / Monday, December 13, 2010 / Proposed Rules
Any questions about the compliance
guide should be sent to Antoinette
Carter at the previously mentioned
address in the FOR FURTHER INFORMATION
CONTACT section.
A 30-day comment period is provided
to allow interested persons to respond
to this proposal. Thirty days is deemed
appropriate because this rule should be
in place prior to the 2011 harvesting
season, which begins approximately
May 1, 2011. All written comments
timely received will be considered
before a final determination is made on
this matter.
List of Subjects in 7 CFR Part 35
Administrative practice and
procedures, Exports, Grapes, Plums,
Reporting and recordkeeping
requirements.
For the reasons set forth in the
preamble, 7 CFR part 35 is proposed to
be amended as follows:
PART 35—EXPORT GRAPES AND
PLUMS
1. The authority citation for 7 CFR
part 35 continues to read as follows:
2. In § 35.11, paragraphs (a) and (b)
are revised to read as follows:
Minimum requirements.
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(a) Any such variety for export to
destinations in Japan, Europe (defined
to mean the following countries:
Albania, Austria, Belgium, Bosnia,
Bulgaria, Croatia, Czech Republic,
Denmark, England, Finland, France,
Germany, Greece, Herzegovina,
Hungary, Iceland, Ireland, Italy,
Liechtenstein, Luxembourg, Macedonia,
Montenegro, Netherlands, Northern
Ireland, Norway, Poland, Portugal,
Romania, Scotland, Serbia, Slovenia,
Spain, Sweden, Switzerland, Wales), or
Greenland shall meet each applicable
minimum requirement of the U.S. Fancy
Table grape grade as specified in the
U.S. Standards for Grades of Table
Grapes (European or Vinifera Type)
(§§ 51.880–51.912 of this title). The
Black Corinth variety shall be exempt
from bunch and berry size requirements.
(b) Any such variety for export to any
foreign destination, other than
destinations in Japan, Europe,
Greenland, Canada, or Mexico, shall
meet each applicable minimum
requirement of the U.S. No. 1 Table
grape grade as specified in the U.S.
Standards for Grades of Table Grapes
(European or Vinifera Type) (§§ 51.880–
51.912 of this title), except that an
additional 2 percent tolerance for sealed
berry cracks on the Ribier variety is
VerDate Mar<15>2010
15:05 Dec 10, 2010
Jkt 223001
Dated: December 7, 2010.
Craig Morris,
Acting Administrator, Agricultural Marketing
Service.
[FR Doc. 2010–31197 Filed 12–10–10; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Parts 916 and 917
[Doc. No. AMS–FV–10–0084; FV10–916/917–
3 CR]
Nectarines, Pears, and Peaches Grown
in California; Continuance Referenda
Agricultural Marketing Service,
USDA.
ACTION: Referenda order.
AGENCY:
This document directs that
referenda be conducted among eligible
California nectarine, pear, and peach
growers to determine whether they favor
continuance of the marketing orders
regulating the handling of nectarines,
pears, and peaches grown in California.
DATES: The referenda will be conducted
from January 12 through February 2,
2011. To vote in these referenda,
growers must have produced nectarines,
pears, or peaches in California during
the period April 1, 2010, through
November 30, 2010.
ADDRESSES: Copies of the marketing
orders may be obtained from the
California Marketing Field Office,
Marketing Order Administration
Branch, Fruit and Vegetable Programs,
AMS, United States Department of
Agriculture, 2202 Monterey Street, Suite
102B, Fresno, California 93721–3129, or
the Office of the Docket Clerk,
Marketing Order Administration
Branch, Fruit and Vegetable Programs,
AMS, USDA, 1400 Independence
Avenue, SW., STOP 0237, Washington,
DC 20250–0237.
FOR FURTHER INFORMATION CONTACT: Jerry
L. Simmons, 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:
Jerry.Simmons@ams.usda.gov or
Kurt.Kimmel@ams.usda.gov.
SUMMARY:
Authority: 48 Stat. 734; 7 U.S.C. 591–599.
§ 35.11
allowed. The Black Corinth variety shall
be exempt from bunch and berry size
requirements.
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Pursuant
to Marketing Order Nos. 916 and 917 (7
SUPPLEMENTARY INFORMATION:
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77563
CFR parts 916 and 917), hereinafter
referred to as the ‘‘orders,’’ and the
applicable provisions of the Agricultural
Marketing Agreement Act of 1937, as
amended (7 U.S.C. 601–674), hereinafter
referred to as the ‘‘Act,’’ it is hereby
directed that referenda be conducted to
ascertain whether continuance of the
orders is favored by growers. The
referenda shall be conducted from
January 12 through February 2, 2011,
among eligible California nectarine,
pear, and peach growers. Only growers
that were engaged in the production of
nectarines, pears, or peaches in
California during the period of April 1,
2010, through November 30, 2010, may
participate in the continuance
referenda.
Although pears are included under
the provisions of M.O. 917, those
provisions have been suspended since
April 1994. Since that time, the pear
industry has been regulated by a State
marketing order. If the results of the
pear referendum do not favor
continuance, the pear order will be
terminated. Otherwise, this suspension
will remain in effect unless the pear
industry recommends reactivation or
termination of the Federal program.
Referendum requirements for the
most recent cycle of continuance
referenda were suspended by USDA
because the orders were being amended
at the time (72 FR 12038, March 15,
2007). USDA determined that it would
be appropriate to allow the amended
orders to operate for a period of time
before asking growers to vote on
continuance of the programs. The
referenda ordered herein will thus be
the first conducted since the orders
were amended in 2006 (71 FR 41345,
July 21, 2006).
USDA has determined that
continuance referenda are an effective
means for determining whether growers
favor the continuation of marketing
order programs. USDA would consider
terminating the orders if fewer than twothirds of the growers voting in the
referenda or growers of less than twothirds of the volume of California
nectarines, pears, and peaches
represented in the referenda favor
continuance of their programs. In
evaluating the merits of continuance
versus termination, USDA will consider
the results of the continuance referenda
and all other relevant information
regarding operation of the orders. USDA
will evaluate the orders’ relative
benefits and disadvantages to growers,
handlers, and consumers to determine
whether continuing the orders would
tend to effectuate the declared policy of
the Act.
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77564
Federal Register / Vol. 75, No. 238 / Monday, December 13, 2010 / Proposed Rules
In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C.
chapter 35), the ballot materials used in
the referenda herein ordered have been
approved by the Office of Management
and Budget (OMB), under OMB No.
0581–0189, ‘‘Generic Fruit Crops.’’ It has
been estimated that it will take an
average of 20 minutes for each of the
approximately 950 growers of California
nectarines, pears, and peaches to cast a
ballot. Participation is voluntary. Ballots
postmarked after February 2, 2011, will
not be included in the vote tabulation.
Jerry L. Simmons and Terry J. Vawter
of the California Marketing Field Office,
Fruit and Vegetable Programs, AMS,
USDA, are hereby designated as the
referenda agents of the Secretary of
Agriculture to conduct these referenda.
The procedure applicable to the
referenda shall be the ‘‘Procedure for the
Conduct of Referenda in Connection
With Marketing Orders for Fruits,
Vegetables, and Nuts Pursuant to the
Agricultural Marketing Agreement Act
of 1937, as Amended’’ (7 CFR 900.400–
900.407).
Ballots will be mailed to all growers
of record and may also be obtained from
the referenda agents or from their
appointees.
List of Subjects
7 CFR Part 916
Marketing agreements and orders,
Nectarines, Reporting and
recordkeeping requirements.
7 CFR Part 917
Marketing agreements and orders,
Peaches, Pears, Reporting and
recordkeeping requirements.
Authority: 7 U.S.C. 601–674.
Dated: December 7, 2010.
Craig Morris,
Acting Administrator, Agricultural Marketing
Service.
[FR Doc. 2010–31201 Filed 12–10–10; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
7 CFR Part 930
[Doc. No. AMS–FV–10–0081; FV10–930–4
PR]
Tart Cherries Grown in the States of
Michigan, et al.; Final Free and
Restricted Percentages for the 2010–
2011 Crop Year for Tart Cherries
Agricultural Marketing Service,
USDA.
ACTION: Proposed rule.
AGENCY:
VerDate Mar<15>2010
15:05 Dec 10, 2010
Jkt 223001
This rule invites comments
on the establishment of final free and
restricted percentages for the 2010–2011
crop year. The percentages are 58
percent free and 42 percent restricted
and will establish the proportion of
cherries from the 2010 crop which may
be handled in commercial outlets. The
percentages are intended to stabilize
supplies and prices, and strengthen
market conditions. The percentages
were recommended by the Cherry
Industry Administrative Board (Board),
the body that locally administers the
marketing order. The marketing order
regulates the handling of tart cherries
grown in the States of Michigan, New
York, Pennsylvania, Oregon, Utah,
Washington, and Wisconsin.
DATES: Comments must be received by
January 12, 2011.
ADDRESSES: Interested persons are
invited to submit written comments
concerning this rule. 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
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:
Kenneth G. Johnson, Marketing Order
Administration Branch, Fruit and
Vegetable Programs, AMS, USDA, Unit
155, 4700 River Road, Riverdale, MD
20737; telephone: (301) 734–5245, Fax:
(301) 734–5275; E-mail:
Kenneth.Johnson@ams.usda.gov.
Small businesses may request
information on complying with this
regulation by contacting Antoinette
Carter, 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:
Antoinette.Carter@ams.usda.gov.
SUPPLEMENTARY INFORMATION: This
proposed rule is issued under Marketing
Agreement and Order No. 930 (7 CFR
part 930), regulating the handling of tart
cherries produced in the States of
SUMMARY:
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Frm 00004
Fmt 4702
Sfmt 4702
Michigan, New York, Pennsylvania,
Oregon, Utah, Washington, and
Wisconsin, 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
(Department) is issuing this rule in
conformance with Executive Order
12866.
This proposal has been reviewed
under Executive Order 12988, Civil
Justice Reform. Under the marketing
order provisions now in effect, final free
and restricted percentages may be
established for tart cherries handled by
handlers during the crop year. This
proposed rule would establish final free
and restricted percentages for tart
cherries for the 2010–2011 crop year,
beginning July 1, 2010, through June 30,
2011.
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 the Secretary 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 exempt therefrom. Such
handler 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 handler is an
inhabitant, or has his or her principal
place of business, has jurisdiction in
equity to review the Secretary’s ruling
on the petition, provided an action is
filed not later than 20 days after the date
of the entry of the ruling.
The order prescribes procedures for
computing an optimum supply and
preliminary and final percentages that
establish the amount of tart cherries that
can be marketed throughout the season.
The regulations apply to all handlers of
tart cherries that are in the regulated
districts. Tart cherries in the free
percentage category may be shipped
immediately to any market, while
restricted percentage tart cherries must
be held by handlers in a primary or
secondary reserve, or be diverted in
accordance with § 930.59 of the order
and § 930.159 of the regulations, or used
for exempt purposes (to obtain diversion
credit) under § 930.62 of the order and
§ 930.162 of the regulations. The
regulated Districts proposed for the
2010–2011 crop year are: District twoCentral Michigan; District three—
Southern Michigan; District four—New
York; District seven—Utah; District
E:\FR\FM\13DEP1.SGM
13DEP1
]]>Agencies
[Federal Register Volume 75, Number 238 (Monday, December 13, 2010)]
[Proposed Rules]
[Pages 77563-77564]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-31201]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Parts 916 and 917
[Doc. No. AMS-FV-10-0084; FV10-916/917-3 CR]
Nectarines, Pears, and Peaches Grown in California; Continuance
Referenda
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Referenda order.
-----------------------------------------------------------------------
SUMMARY: This document directs that referenda be conducted among
eligible California nectarine, pear, and peach growers to determine
whether they favor continuance of the marketing orders regulating the
handling of nectarines, pears, and peaches grown in California.
DATES: The referenda will be conducted from January 12 through February
2, 2011. To vote in these referenda, growers must have produced
nectarines, pears, or peaches in California during the period April 1,
2010, through November 30, 2010.
ADDRESSES: Copies of the marketing orders may be obtained from the
California Marketing Field Office, Marketing Order Administration
Branch, Fruit and Vegetable Programs, AMS, United States Department of
Agriculture, 2202 Monterey Street, Suite 102B, Fresno, California
93721-3129, or the Office of the Docket Clerk, Marketing Order
Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1400
Independence Avenue, SW., STOP 0237, Washington, DC 20250-0237.
FOR FURTHER INFORMATION CONTACT: Jerry L. Simmons, 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: Jerry.Simmons@ams.usda.gov or
Kurt.Kimmel@ams.usda.gov.
SUPPLEMENTARY INFORMATION: Pursuant to Marketing Order Nos. 916 and 917
(7 CFR parts 916 and 917), hereinafter referred to as the ``orders,''
and the applicable provisions of the Agricultural Marketing Agreement
Act of 1937, as amended (7 U.S.C. 601-674), hereinafter referred to as
the ``Act,'' it is hereby directed that referenda be conducted to
ascertain whether continuance of the orders is favored by growers. The
referenda shall be conducted from January 12 through February 2, 2011,
among eligible California nectarine, pear, and peach growers. Only
growers that were engaged in the production of nectarines, pears, or
peaches in California during the period of April 1, 2010, through
November 30, 2010, may participate in the continuance referenda.
Although pears are included under the provisions of M.O. 917, those
provisions have been suspended since April 1994. Since that time, the
pear industry has been regulated by a State marketing order. If the
results of the pear referendum do not favor continuance, the pear order
will be terminated. Otherwise, this suspension will remain in effect
unless the pear industry recommends reactivation or termination of the
Federal program.
Referendum requirements for the most recent cycle of continuance
referenda were suspended by USDA because the orders were being amended
at the time (72 FR 12038, March 15, 2007). USDA determined that it
would be appropriate to allow the amended orders to operate for a
period of time before asking growers to vote on continuance of the
programs. The referenda ordered herein will thus be the first conducted
since the orders were amended in 2006 (71 FR 41345, July 21, 2006).
USDA has determined that continuance referenda are an effective
means for determining whether growers favor the continuation of
marketing order programs. USDA would consider terminating the orders if
fewer than two-thirds of the growers voting in the referenda or growers
of less than two-thirds of the volume of California nectarines, pears,
and peaches represented in the referenda favor continuance of their
programs. In evaluating the merits of continuance versus termination,
USDA will consider the results of the continuance referenda and all
other relevant information regarding operation of the orders. USDA will
evaluate the orders' relative benefits and disadvantages to growers,
handlers, and consumers to determine whether continuing the orders
would tend to effectuate the declared policy of the Act.
[[Page 77564]]
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
chapter 35), the ballot materials used in the referenda herein ordered
have been approved by the Office of Management and Budget (OMB), under
OMB No. 0581-0189, ``Generic Fruit Crops.'' It has been estimated that
it will take an average of 20 minutes for each of the approximately 950
growers of California nectarines, pears, and peaches to cast a ballot.
Participation is voluntary. Ballots postmarked after February 2, 2011,
will not be included in the vote tabulation.
Jerry L. Simmons and Terry J. Vawter of the California Marketing
Field Office, Fruit and Vegetable Programs, AMS, USDA, are hereby
designated as the referenda agents of the Secretary of Agriculture to
conduct these referenda. The procedure applicable to the referenda
shall be the ``Procedure for the Conduct of Referenda in Connection
With Marketing Orders for Fruits, Vegetables, and Nuts Pursuant to the
Agricultural Marketing Agreement Act of 1937, as Amended'' (7 CFR
900.400-900.407).
Ballots will be mailed to all growers of record and may also be
obtained from the referenda agents or from their appointees.
List of Subjects
7 CFR Part 916
Marketing agreements and orders, Nectarines, Reporting and
recordkeeping requirements.
7 CFR Part 917
Marketing agreements and orders, Peaches, Pears, Reporting and
recordkeeping requirements.
Authority: 7 U.S.C. 601-674.
Dated: December 7, 2010.
Craig Morris,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 2010-31201 Filed 12-10-10; 8:45 am]
BILLING CODE 3410-02-P
