Tart Cherries Grown in the States of Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin; Hearing on Proposed Amendment of Marketing Agreement and Order No. 930, 13528-13530 [2011-5717]
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Federal Register / Vol. 76, No. 49 / Monday, March 14, 2011 / Proposed Rules
(1) How can the Department best
promote meaningful periodic reviews of
its existing significant regulations, and
how can it best identify those rules that
might be modified, streamlined,
expanded, or repealed?
(2) What factors should the agency
consider in selecting and prioritizing
rules for review?
(3) Are there regulations that simply
make no sense or have become
unnecessary, ineffective, or ill advised
and, if so, what are they? Are there rules
that can simply be repealed without
impairing the Department’s regulatory
programs and, if so, what are they?
(4) Are there rules that have become
outdated and, if so, how can they be
modernized to accomplish their
regulatory objectives better?
(5) Are there rules that are still
necessary, but have not operated as well
as expected such that a modified,
stronger, or slightly different approach
is justified?
(6) Does the Department currently
collect information that it does not need
or use effectively to achieve regulatory
objectives?
(7) Are there regulations that are
unnecessarily complicated or could be
streamlined to achieve regulatory
objectives in more efficient ways?
(8) Are there rules that have been
overtaken by technological
developments? Can new technologies be
leveraged to modify, streamline, or do
away with existing regulatory
requirements?
(9) Are there any of the Department’s
regulations that are not tailored to
impose the least burden on society,
consistent with achieving the regulatory
objectives?
(10) How can the Department best
obtain and consider accurate, objective
information and data about the costs,
burdens, and benefits of existing
regulations? Are there existing sources
of data the Department can use to
evaluate the post-promulgation effects
of regulations over time?
(11) Are there regulations that are
working well that can be expanded or
used as a model to fill gaps in other
DHS regulatory programs?
(12) Are there any regulations that
create difficulty because of duplication,
overlap, or inconsistency of
requirements?
The Department notes that this notice
is issued solely for information and
program-planning purposes. Responses
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to this notice do not bind DHS to any
further actions related to the response.
Ivan K. Fong,
General Counsel.
[FR Doc. 2011–5829 Filed 3–11–11; 8:45 am]
BILLING CODE 9110–9B–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 930
[Docket No. AMS–FV–10–0087; FV10–930–
5; AO–370–A9; 11–0093]
Tart Cherries Grown in the States of
Michigan, New York, Pennsylvania,
Oregon, Utah, Washington, and
Wisconsin; Hearing on Proposed
Amendment of Marketing Agreement
and Order No. 930
Agricultural Marketing Service,
USDA.
ACTION: Notice of hearing on proposed
rulemaking.
AGENCY:
Notice is hereby given of a
public hearing to receive evidence on
proposed amendments to Marketing
Agreement and Order No. 930 (order),
which regulate the handling of tart
cherries grown in Michigan, New York,
Pennsylvania, Oregon, Utah,
Washington, and Wisconsin. Three
amendments are proposed by the Cherry
Industry Administrative Board (Board),
which is responsible for local
administration of the order. The
proposed amendments would change
how grower diversion of cherries is
accounted for under the order and
would affect volume control in years
when grower diversions are utilized. In
addition, the Agricultural Marketing
Service (AMS) proposes to make any
such changes as may be necessary to the
order or administrative rules and
regulations to conform to any
amendment that may result from the
hearing. These proposed amendments
are intended to improve the operation
and administration of the order.
DATES: The hearing dates are:
1. April 20, 2011, 9 a.m. to 5 p.m.; and
continuing on April 21, 2011, at 9 a.m.,
if necessary, in Grand Rapids, Michigan.
2. April 26, 2011, 9 a.m. to 5 p.m.; and
continuing on April 27, 2011, at 9 a.m.,
if necessary, in Provo, Utah.
ADDRESSES: The hearing locations are:
1. Grand Rapids—U.S. Bankruptcy
Court, One Division Ave., N, 3rd Floor
Courtroom A, Grand Rapids, MI 49503.
2. Provo—Utah County
Administration Building, 100 E. Center
Street, Room L900, Provo, Utah 84606.
SUMMARY:
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FOR FURTHER INFORMATION CONTACT:
Parisa Salehi, Marketing Order
Administration Branch, Fruit and
Vegetable Programs, AMS, USDA, 1400
Independence Ave., SW., Stop 0237,
Washington, DC 20250, telephone: (202)
720–9918, Fax: (202) 720–8938; or
Kathleen M. Finn, Marketing Order
Administration Branch, Fruit and
Vegetable Programs, AMS, USDA, 1400
Independence Avenue, SW., Stop 0237,
Washington, DC 20250–0237; telephone:
(202) 720–2491, Fax: (202) 720–8938, or
e-mail: Parisa.Salehi@usda.gov or
Kathy.Finn@usda.gov.
Small businesses may request
information on this proceeding 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) 720–6862, Fax: (202) 720–8938, or
e-mail: Antoinette.Carter@usda.gov.
SUPPLEMENTARY INFORMATION: This
administrative action is instituted
pursuant to the Agricultural Marketing
Agreement Act of 1937, as amended (7
U.S.C. 601–674), hereinafter referred to
as the ‘‘Act.’’ This action is governed by
the provisions of sections 556 and 557
of title 5 of the United States Code and,
therefore, is excluded from the
requirements of Executive Order 12866.
The Regulatory Flexibility Act (5
U.S.C. 601–612) seeks to ensure that
within the statutory authority of a
program, the regulatory and
informational requirements are tailored
to the size and nature of small
businesses. Interested persons are
invited to present evidence at the
hearing on the possible regulatory and
informational impacts of the proposals
on small businesses.
The amendments proposed herein
have been reviewed under Executive
Order 12988, Civil Justice Reform. They
are not intended to have retroactive
effect.
The Act provides that administrative
proceedings must be exhausted before
parties may file suit in court. Under
section 608c(15)(A) of the Act, any
handler subject to an order may file
with USDA a petition stating that the
order, any provision of the order, or any
obligation imposed in connection with
the order is not in accordance with law
and request a modification of the order
or to be exempted therefrom. A handler
is afforded the opportunity for a hearing
on the petition. The Act provides that
the district court of the United States in
any district in which the handler is an
inhabitant, or has his or her principal
place of business, has jurisdiction to
review the USDA’s ruling on the
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Federal Register / Vol. 76, No. 49 / Monday, March 14, 2011 / Proposed Rules
petition, provided an action is filed not
later than 20 days after the date of the
entry of the ruling.
The hearing is called pursuant to the
provisions of the Act and the applicable
rules and supplemental rules of practice
and procedure governing the
formulation of marketing agreements
and orders (7 CFR part 900).
The proposed amendments were
recommended by the Board and initially
submitted to USDA on September, 2010.
Additional information was submitted
in November 2010 at the request of
USDA and a determination was
subsequently made to schedule this
matter for hearing.
The proposed amendments to the
order recommended by the Board are
summarized as follows:
1. Amend the definition of ‘‘handle’’
in § 930.10 of the order so handler
acquisition of grower diversion
certificates is not considered handling.
2. Amend the ‘‘marketing policy’’
provisions in § 930.50 of the order so
grower-diverted cherries are not
counted as production in the volume
control formula.
3. Amend § 930.58 of the order so
grower-diverted cherries are not treated
as actual harvested cherries.
The Board works with USDA in
administering the order. These
proposals submitted by the Board have
not received the approval of USDA. The
proposed amendments are intended to
improve the operation and
administration of the order.
In addition to the proposed
amendments to the order, AMS
proposes to make any such changes as
may be necessary to the order or
administrative rules and regulations to
conform to any amendment that may
result from the hearing.
The public hearing is held for the
purpose of: (i) Receiving evidence about
the economic and marketing conditions
which relate to the proposed
amendments of the order; (ii)
determining whether there is a need for
the proposed amendments to the order;
and (iii) determining whether the
proposed amendments or appropriate
modifications thereof will tend to
effectuate the declared policy of the Act.
Testimony is invited at the hearing on
all the proposals and recommendations
contained in this notice, as well as any
appropriate modifications or
alternatives.
All persons wishing to submit written
material as evidence at the hearing
should be prepared to submit four
copies of such material at the hearing.
Four copies of prepared testimony for
presentation at the hearing should also
be made available. To the extent
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practicable, eight additional copies of
evidentiary exhibits and testimony
prepared as an exhibit should be made
available to USDA representatives on
the day of appearance at the hearing.
Any requests for preparation of USDA
data for this rulemaking hearing should
be made at least 10 days prior to the
beginning of the hearing.
From the time the notice of hearing is
issued and until the issuance of a final
decision in this proceeding, USDA
employees involved in the decisional
process are prohibited from discussing
the merits of the hearing issues on an ex
parte basis with any person having an
interest in the proceeding. The
prohibition applies to employees in the
following organizational units: Office of
the Secretary of Agriculture; Office of
the Administrator, AMS; Office of the
General Counsel, except any designated
employee of the General Counsel
assigned to represent the Board in this
proceeding; and the Fruit and Vegetable
Programs, AMS.
Procedural matters are not subject to
the above prohibition and may be
discussed at any time.
List of Subjects in 7 CFR Part 930
Marketing agreements, Reporting and
recordkeeping requirements, Tart
cherries.
PART 930—TART CHERRIES GROWN
IN THE STATES OF MICHIGAN, NEW
YORK, PENNSYLVANIA, OREGON,
UTAH, WASHINGTON, AND
WISCONSIN
1. The authority citation for 7 CFR
part 930 continues to read as follows:
Authority: 7 U.S.C. 601–674.
2. Testimony is invited on the
following proposals or appropriate
alternatives or modifications to such
proposals.
Proposal submitted by the Cherry
Industry Administrative Board:
Proposal Number 1
3. Revise the introductory paragraph
in § 930.10 to read as follows:
§ 930.10
Handle.
Handle means the process to brine,
can, concentrate, freeze, dehydrate, pit,
press or puree cherries, or in any other
way convert cherries commercially into
a processed product, or divert cherries
pursuant to § 930.59, or to otherwise
place cherries into the current of
commerce within the production area or
from the area to points outside thereof:
Provided, That the term handle shall not
include:
*
*
*
*
*
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13529
4. Revise paragraphs (d) and (e) of
§ 930.50 to read as follows:
§ 930.50
Marketing policy.
*
*
*
*
*
(d) Final percentages. No later than
September 15 of each crop year, the
Board shall review the most current
information available including, but not
limited to, processed production and
grower diversions of cherries during the
current crop year. The Board shall make
such adjustments as are necessary
between free and restricted tonnage to
achieve the optimum supply and
recommend such final free market
tonnage and restricted percentages to
the Secretary and announce them in
accordance with paragraph (h) of this
section. The difference between any
final free market tonnage percentage
designated by the Secretary and 100
percent shall be the final restricted
percentage. With its recommendation,
the Board shall report on its
consideration of the factors in paragraph
(e) of this section.
(e) Factors. When computing
preliminary and interim percentages, or
determining final percentages for
recommendation to the Secretary, the
Board shall give consideration to the
following factors:
(1) The estimated total production of
cherries;
(2) The estimated size of the crop to
be handled;
(3) The expected general quality of
such cherry production;
(4) The expected carryover as of July
1 of canned and frozen cherries and
other cherry products;
(5) The expected demand conditions
for cherries in different market
segments;
(6) Supplies of competing
commodities;
(7) An analysis of economic factors
having a bearing on the marketing of
cherries;
(8) The estimated tonnage held by
handlers in primary or secondary
inventory reserves;
(9) Any estimated release of primary
or secondary inventory reserve cherries
during the crop year; and
(10) The quantity of grower-diverted
cherries during the crop year.
*
*
*
*
*
5. Revise paragraph (a) of § 930.58 to
read as follows:
§ 930.58
Grower diversion privilege.
(a) In general. Any grower may
voluntarily elect to divert, in accordance
with the provisions of this section, all
or a portion of the cherries which
otherwise, upon delivery to a handler,
would become restricted percentage
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Federal Register / Vol. 76, No. 49 / Monday, March 14, 2011 / Proposed Rules
cherries. Upon such diversion and
compliance with the provisions of this
section, the Board shall issue to the
diverting grower a grower diversion
certificate which such grower may
deliver to a handler. Any grower
diversions completed in accordance
with this section, but which are
undertaken in districts subsequently
exempted by the Board from volume
regulation under § 930.52(d), shall
qualify for diversion credit.
*
*
*
*
*
Proposal submitted by USDA:
Proposal Number 2
Make such changes as may be
necessary to the order to conform with
any amendment thereto that may result
from the hearing.
Dated: March 4, 2011.
Rayne Pegg,
Administrator, Agricultural Marketing
Service.
[FR Doc. 2011–5717 Filed 3–11–11; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1206
[Doc No. AMS–FV–10–0092]
Mango Promotion, Research, and
Information Order; Reapportionment
Agricultural Marketing Service.
Proposed rule.
AGENCY:
ACTION:
This rule proposes to adjust
the number of members on the National
Mango Board (Board) from 20 to 18 to
reflect the elimination of two non-voting
wholesaler/retailer positions. In
accordance with the Mango Promotion,
Research, and Information Order
(Order), which is authorized under the
Commodity Promotion, Research, and
Information Act of 1996 (Act), a review
of the composition of the Board must be
conducted every five years. The Board
has reviewed the production volumes
and geographical distribution of
domestic and imported mangos, and
submitted this information to the U.S.
Department of Agriculture with a
recommendation that no changes be
made to the number of importer, first
handler, or producer seats on the Board.
However, the Board recommends
elimination of two non-voting
wholesaler/retailer positions that have
not been filled since 2007.
DATES: Comments must be received by
April 13, 2011.
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SUMMARY:
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Comments may be
submitted electronically at https://
www.regulations.gov. Comments may
also be sent to the Research and
Promotion Branch, Fruit and Vegetable
Programs, AMS, U.S. Department of
Agriculture, Room 0632–S, Stop 0244,
1400 Independence Avenue, SW.,
Washington, DC 20250–0244; fax: 202–
205–2800. All comments should
reference the document number and the
date and page number of this issue of
the Federal Register. Comments will be
made available for public inspection in
the above office during regular business
hours, or may be viewed at https://
www.regulations.gov. All comments
submitted in response to this proposed
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
comments will be made public on the
Internet at the address provided above.
FOR FURTHER INFORMATION CONTACT:
Veronica Douglass, Marketing
Specialist, Research and Promotion
Branch, Fruit and Vegetable Programs,
AMS, U.S. Department of Agriculture,
Stop 0244, Room 0632–S, 1400
Independence Avenue, SW.,
Washington, DC 20250–0244; telephone:
888–720–9917; fax: 202–205–2800; or email: veronica.douglass@ams.usda.gov.
SUPPLEMENTARY INFORMATION: This rule
is issued under the Mango Promotion,
Research, and Consumer Information
Order (Order) [7 CFR part 1206]. The
Order is authorized by the Commodity
Promotion, Research, and Information
Act of 1996 (Act) [7 U.S.C. 7411–7425].
ADDRESSES:
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 rule has been reviewed under
Executive Order 12988, Civil Justice
Reform. It is not intended to have a
retroactive effect.
Section 524 of the Act provides that
the Act shall not affect or preempt any
other State or Federal law authorizing
promotion or research relating to an
agricultural commodity.
Under the Act, a person subject to an
order may file a petition with the U.S.
Department of Agriculture (Department)
stating that an order, any provision of an
order, or any obligation imposed in
connection with an order, is not
established in accordance with the law,
and requesting a modification of an
order or an exemption from an order.
Any petition filed challenging an order,
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any provision of an order, or any
obligation imposed in connection with
an order, shall be filed within two years
after the effective date of an order,
provision, or obligation subject to
challenge in the petition. The petitioner
will have the opportunity for a hearing
on the petition. Thereafter, the
Department will issue a ruling on the
petition. The Act provides that the
district court of the United States for
any district in which the petitioner
resides or conducts business shall have
the jurisdiction to review a final ruling
on the petition, if the petitioner files a
complaint for that purpose not later
than 20 days after the date of the entry
of the Department’s final ruling.
Regulatory Flexibility Analysis and
Paperwork Reduction Act
In accordance with the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601–
612), AMS has considered the economic
impact of this rule on small entities that
would be affected by this rule. The
purpose of the RFA is to fit regulatory
action to scale on businesses subject to
such action, so that small businesses
will not be disproportionately
burdened.
The Small Business Administration
defines small agricultural producers as
those having annual receipts of no more
than $750,000, and small agricultural
service firms as those having annual
receipts of no more than $7 million (13
CFR part 121). First handlers, importers,
wholesalers, and retailers would be
considered agricultural service firms.
Currently, fewer than five first handlers
and 193 importers are subject to
assessment under the Order. The
majority of producers would be
considered small businesses. The
majority of these first handlers and
importers would be considered small
businesses, while wholesalers and
retailers would not.
First handlers and importers who
market or import less than 500,000
pounds of mangos annually are exempt
from the assessment. Mangos that are
exported out of the United States are
also exempt from assessment. In
addition, domestic producers, foreign
producers, wholesalers, and retailers are
not subject to assessment under the
Order, but such individuals are eligible
to serve on the Board along with
importers and first handlers.
Section 1206.30 (c) of the Order
requires that the Board review the
volume and geographical distribution of
mango production and imports at least
once every five years. If warranted, the
Board will recommend to the
Department that membership on the
Board be altered to reflect any changes
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]]>Agencies
[Federal Register Volume 76, Number 49 (Monday, March 14, 2011)]
[Proposed Rules]
[Pages 13528-13530]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-5717]
=======================================================================
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 930
[Docket No. AMS-FV-10-0087; FV10-930-5; AO-370-A9; 11-0093]
Tart Cherries Grown in the States of Michigan, New York,
Pennsylvania, Oregon, Utah, Washington, and Wisconsin; Hearing on
Proposed Amendment of Marketing Agreement and Order No. 930
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Notice of hearing on proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given of a public hearing to receive evidence
on proposed amendments to Marketing Agreement and Order No. 930
(order), which regulate the handling of tart cherries grown in
Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and
Wisconsin. Three amendments are proposed by the Cherry Industry
Administrative Board (Board), which is responsible for local
administration of the order. The proposed amendments would change how
grower diversion of cherries is accounted for under the order and would
affect volume control in years when grower diversions are utilized. In
addition, the Agricultural Marketing Service (AMS) proposes to make any
such changes as may be necessary to the order or administrative rules
and regulations to conform to any amendment that may result from the
hearing. These proposed amendments are intended to improve the
operation and administration of the order.
DATES: The hearing dates are:
1. April 20, 2011, 9 a.m. to 5 p.m.; and continuing on April 21,
2011, at 9 a.m., if necessary, in Grand Rapids, Michigan.
2. April 26, 2011, 9 a.m. to 5 p.m.; and continuing on April 27,
2011, at 9 a.m., if necessary, in Provo, Utah.
ADDRESSES: The hearing locations are:
1. Grand Rapids--U.S. Bankruptcy Court, One Division Ave., N, 3rd
Floor Courtroom A, Grand Rapids, MI 49503.
2. Provo--Utah County Administration Building, 100 E. Center
Street, Room L900, Provo, Utah 84606.
FOR FURTHER INFORMATION CONTACT: Parisa Salehi, Marketing Order
Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1400
Independence Ave., SW., Stop 0237, Washington, DC 20250, telephone:
(202) 720-9918, Fax: (202) 720-8938; or Kathleen M. Finn, Marketing
Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA,
1400 Independence Avenue, SW., Stop 0237, Washington, DC 20250-0237;
telephone: (202) 720-2491, Fax: (202) 720-8938, or e-mail:
Parisa.Salehi@usda.gov or Kathy.Finn@usda.gov.
Small businesses may request information on this proceeding 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) 720-6862, Fax:
(202) 720-8938, or e-mail: Antoinette.Carter@usda.gov.
SUPPLEMENTARY INFORMATION: This administrative action is instituted
pursuant to the Agricultural Marketing Agreement Act of 1937, as
amended (7 U.S.C. 601-674), hereinafter referred to as the ``Act.''
This action is governed by the provisions of sections 556 and 557 of
title 5 of the United States Code and, therefore, is excluded from the
requirements of Executive Order 12866.
The Regulatory Flexibility Act (5 U.S.C. 601-612) seeks to ensure
that within the statutory authority of a program, the regulatory and
informational requirements are tailored to the size and nature of small
businesses. Interested persons are invited to present evidence at the
hearing on the possible regulatory and informational impacts of the
proposals on small businesses.
The amendments proposed herein have been reviewed under Executive
Order 12988, Civil Justice Reform. They are not intended to have
retroactive effect.
The Act provides that administrative proceedings must be exhausted
before parties may file suit in court. Under section 608c(15)(A) of the
Act, any handler subject to an order may file with USDA a petition
stating that the order, any provision of the order, or any obligation
imposed in connection with the order is not in accordance with law and
request a modification of the order or to be exempted therefrom. A
handler is afforded the opportunity for a hearing on the petition. The
Act provides that the district court of the United States in any
district in which the handler is an inhabitant, or has his or her
principal place of business, has jurisdiction to review the USDA's
ruling on the
[[Page 13529]]
petition, provided an action is filed not later than 20 days after the
date of the entry of the ruling.
The hearing is called pursuant to the provisions of the Act and the
applicable rules and supplemental rules of practice and procedure
governing the formulation of marketing agreements and orders (7 CFR
part 900).
The proposed amendments were recommended by the Board and initially
submitted to USDA on September, 2010. Additional information was
submitted in November 2010 at the request of USDA and a determination
was subsequently made to schedule this matter for hearing.
The proposed amendments to the order recommended by the Board are
summarized as follows:
1. Amend the definition of ``handle'' in Sec. 930.10 of the order
so handler acquisition of grower diversion certificates is not
considered handling.
2. Amend the ``marketing policy'' provisions in Sec. 930.50 of the
order so grower-diverted cherries are not counted as production in the
volume control formula.
3. Amend Sec. 930.58 of the order so grower-diverted cherries are
not treated as actual harvested cherries.
The Board works with USDA in administering the order. These
proposals submitted by the Board have not received the approval of
USDA. The proposed amendments are intended to improve the operation and
administration of the order.
In addition to the proposed amendments to the order, AMS proposes
to make any such changes as may be necessary to the order or
administrative rules and regulations to conform to any amendment that
may result from the hearing.
The public hearing is held for the purpose of: (i) Receiving
evidence about the economic and marketing conditions which relate to
the proposed amendments of the order; (ii) determining whether there is
a need for the proposed amendments to the order; and (iii) determining
whether the proposed amendments or appropriate modifications thereof
will tend to effectuate the declared policy of the Act.
Testimony is invited at the hearing on all the proposals and
recommendations contained in this notice, as well as any appropriate
modifications or alternatives.
All persons wishing to submit written material as evidence at the
hearing should be prepared to submit four copies of such material at
the hearing. Four copies of prepared testimony for presentation at the
hearing should also be made available. To the extent practicable, eight
additional copies of evidentiary exhibits and testimony prepared as an
exhibit should be made available to USDA representatives on the day of
appearance at the hearing. Any requests for preparation of USDA data
for this rulemaking hearing should be made at least 10 days prior to
the beginning of the hearing.
From the time the notice of hearing is issued and until the
issuance of a final decision in this proceeding, USDA employees
involved in the decisional process are prohibited from discussing the
merits of the hearing issues on an ex parte basis with any person
having an interest in the proceeding. The prohibition applies to
employees in the following organizational units: Office of the
Secretary of Agriculture; Office of the Administrator, AMS; Office of
the General Counsel, except any designated employee of the General
Counsel assigned to represent the Board in this proceeding; and the
Fruit and Vegetable Programs, AMS.
Procedural matters are not subject to the above prohibition and may
be discussed at any time.
List of Subjects in 7 CFR Part 930
Marketing agreements, Reporting and recordkeeping requirements,
Tart cherries.
PART 930--TART CHERRIES GROWN IN THE STATES OF MICHIGAN, NEW YORK,
PENNSYLVANIA, OREGON, UTAH, WASHINGTON, AND WISCONSIN
1. The authority citation for 7 CFR part 930 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
2. Testimony is invited on the following proposals or appropriate
alternatives or modifications to such proposals.
Proposal submitted by the Cherry Industry Administrative Board:
Proposal Number 1
3. Revise the introductory paragraph in Sec. 930.10 to read as
follows:
Sec. 930.10 Handle.
Handle means the process to brine, can, concentrate, freeze,
dehydrate, pit, press or puree cherries, or in any other way convert
cherries commercially into a processed product, or divert cherries
pursuant to Sec. 930.59, or to otherwise place cherries into the
current of commerce within the production area or from the area to
points outside thereof: Provided, That the term handle shall not
include:
* * * * *
4. Revise paragraphs (d) and (e) of Sec. 930.50 to read as
follows:
Sec. 930.50 Marketing policy.
* * * * *
(d) Final percentages. No later than September 15 of each crop
year, the Board shall review the most current information available
including, but not limited to, processed production and grower
diversions of cherries during the current crop year. The Board shall
make such adjustments as are necessary between free and restricted
tonnage to achieve the optimum supply and recommend such final free
market tonnage and restricted percentages to the Secretary and announce
them in accordance with paragraph (h) of this section. The difference
between any final free market tonnage percentage designated by the
Secretary and 100 percent shall be the final restricted percentage.
With its recommendation, the Board shall report on its consideration of
the factors in paragraph (e) of this section.
(e) Factors. When computing preliminary and interim percentages, or
determining final percentages for recommendation to the Secretary, the
Board shall give consideration to the following factors:
(1) The estimated total production of cherries;
(2) The estimated size of the crop to be handled;
(3) The expected general quality of such cherry production;
(4) The expected carryover as of July 1 of canned and frozen
cherries and other cherry products;
(5) The expected demand conditions for cherries in different market
segments;
(6) Supplies of competing commodities;
(7) An analysis of economic factors having a bearing on the
marketing of cherries;
(8) The estimated tonnage held by handlers in primary or secondary
inventory reserves;
(9) Any estimated release of primary or secondary inventory reserve
cherries during the crop year; and
(10) The quantity of grower-diverted cherries during the crop year.
* * * * *
5. Revise paragraph (a) of Sec. 930.58 to read as follows:
Sec. 930.58 Grower diversion privilege.
(a) In general. Any grower may voluntarily elect to divert, in
accordance with the provisions of this section, all or a portion of the
cherries which otherwise, upon delivery to a handler, would become
restricted percentage
[[Page 13530]]
cherries. Upon such diversion and compliance with the provisions of
this section, the Board shall issue to the diverting grower a grower
diversion certificate which such grower may deliver to a handler. Any
grower diversions completed in accordance with this section, but which
are undertaken in districts subsequently exempted by the Board from
volume regulation under Sec. 930.52(d), shall qualify for diversion
credit.
* * * * *
Proposal submitted by USDA:
Proposal Number 2
Make such changes as may be necessary to the order to conform with
any amendment thereto that may result from the hearing.
Dated: March 4, 2011.
Rayne Pegg,
Administrator, Agricultural Marketing Service.
[FR Doc. 2011-5717 Filed 3-11-11; 8:45 am]
BILLING CODE 3410-02-P
