Grapes Grown in a Designated Area of Southeastern California; Section 610 Review, 37617-37618 [2011-16136]
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37617
Rules and Regulations
Federal Register
Vol. 76, No. 124
Tuesday, June 28, 2011
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 925
[Doc. No. AMS–FV–06–0185; FV06–925–610
Review]
Grapes Grown in a Designated Area of
Southeastern California; Section 610
Review
Agricultural Marketing Service,
USDA.
ACTION: Confirmation of regulations.
AGENCY:
This action summarizes the
results under the criteria contained in
section 610 of the Regulatory Flexibility
Act (RFA), of an Agricultural Marketing
Service (AMS) review of Marketing
Order No. 925 regulating the handling of
grapes grown in a designated area of
southeastern California (order). Based
upon its review, AMS has concluded
that there is a continued need for the
order.
SUMMARY:
Interested persons may
obtain a copy of the review. Requests for
copies should be sent to the Docket
Clerk, Marketing Order Administration
Branch, Fruit and Vegetable Programs,
AMS, USDA, 1400 Independence
Avenue, SW., STOP 0237, Washington,
DC 20250–0237; Fax: (202) 720–8938; or
Internet: https://www.regulations.gov.
The review may also be viewed online
at: https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Kathie Notoro, 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:
Kathie.Notoro@ams.usda.gov or
Kurt.Kimmel@ams.usda.gov.
WReier-Aviles on DSKGBLS3C1PROD with RULES
ADDRESSES:
Marketing
Order 925, as amended (7 CFR part 925),
SUPPLEMENTARY INFORMATION:
VerDate Mar<15>2010
14:42 Jun 27, 2011
Jkt 223001
regulates the handling of grapes grown
in a designated area of southeastern
California. The marketing order is
effective under the Agricultural
Marketing Agreement Act of 1937 (Act),
as amended (7 U.S.C. 601–674).
The desert grape marketing order
establishes the California Desert Grape
Administrative Committee (Committee)
as the administrative body charged with
overseeing program operations. Staff is
hired to conduct the daily
administration of the program. The
Committee consists of 12 members. Five
members represent producers, five
represent handlers, one represents
either producers or handlers (the ‘‘at
large’’ member), and one member
represents the public. Each member has
an alternate. Members and alternate
members are elected at annual
nomination meetings.
Currently, there are approximately 50
producers and 14 handlers of California
desert grapes. In addition, there are
approximately 100 importers of grapes.
The majority of the handlers and
importers may be classified as small
entities and the majority of producers
may not be classified as small entities.
The regulations implemented under the
order are applied uniformly to small
and large entities, and are designed to
benefit all entities, regardless of size.
AMS published in the Federal
Register (64 FR 8014; February 18,
1999), its plan to review certain
regulations, including Marketing Order
925, under criteria contained in section
610 of the RFA (5 U.S.C. 601–612).
Updated plans were published in the
Federal Register on January 4, 2002 (67
FR 525), August 14, 2003 (68 FR 48574),
and again on March 24, 2006 (71 FR
14827). Accordingly, AMS published a
notice of review and request for written
comments on the California desert grape
marketing order in the February 21,
2006, issue of the Federal Register (71
FR 8810). The deadline for comments
ended April 24, 2006. Five comments
were received in response to the notice,
and are discussed later in this
document.
The review was undertaken to
determine whether the desert grape
marketing order should be continued
without change, amended, or rescinded
to minimize the impacts on small
entities. In conducting this review, AMS
considered the following factors: (1) The
continued need for the marketing order;
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
(2) the nature of complaints or
comments received from the public
concerning the marketing order; (3) the
complexity of the marketing order; (4)
the extent to which the marketing order
overlaps, duplicates, or conflicts with
other Federal rules, and, to the extent
feasible, with State and local
governmental rules; and (5) the length of
time since the marketing order has been
evaluated or the degree to which
technology, economic conditions, or
other factors have changed in the area
affected by the marketing order.
The marketing order authorizes the
following activities: Quality control
with mandatory outgoing inspection;
container and pack requirements;
packing holidays; production research;
market research and development; and
reporting requirements for collection
and dissemination of shipment
information.
The quality control provisions of the
order have helped to ensure a good
quality of fruit is provided to
consumers. Pack and container
requirements provide uniformity in the
marketing of grapes. Wholesalers and
retailers are assured of consistency in
the packaging of the product they
receive and market. Packing holidays
can help reduce buildup of excess
inventories in handlers’ warehouses.
This can help to provide a more stable
flow of product to market and relieve
downward pressure on pricing.
Collection and dissemination of handler
information is useful to the industry in
making production and marketing
decisions. Finally, production research
activities have helped the industry
address specific issues that impact the
growing of grapes in the production
area. The quality control and inspection
regulations are also applied to imported
grapes under section 608e of the Act.
Market research and development
activities are authorized under the order
but have not been implemented. Should
the industry determine such programs
may be beneficial in the future, it may
choose to implement them. Funds to
administer the marketing order are
obtained from handler assessments.
Based on the potential benefits of the
marketing order to producers, handlers,
and consumers, AMS has determined
that the order should continue without
change.
In regard to complaints or comments
received from the public regarding this
E:\FR\FM\28JNR1.SGM
28JNR1
WReier-Aviles on DSKGBLS3C1PROD with RULES
37618
Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Rules and Regulations
review, USDA received five comments
from interested parties. In general, the
comments addressed issues that were
the subject of a separate notice and
comment informal rulemaking action
concerning proposed changes to the
regulatory period under the marketing
order that was completed with
publication of a final rule on February
5, 2010 (75 FR 5879). It is noted that the
commenters also submitted similar
comments in response to that
rulemaking action. The comments have
been addressed in that rulemaking
proceeding.
In considering the order’s complexity,
AMS has determined that the marketing
order is not unduly complex.
During the review, the order was also
checked for duplication and overlap
with other regulations. AMS did not
identify any relevant Federal rules, or
State and local regulations that
duplicate, overlap, or conflict with the
marketing order for California desert
grapes.
The marketing order was established
in 1980. Since its inception, AMS and
the California desert grape industry
have continuously monitored its
operations. Changes in regulations have
been implemented to reflect current
industry operating practices, and to
solve marketing problems as they occur.
The goal of these evaluations is to
assure that the order and the regulations
implemented under it fit the needs of
the industry and are consistent with the
Act.
The Committee meets whenever
needed to discuss the marketing order
and the various regulations issued
thereunder, and to determine if, or
what, changes may be necessary to
reflect current industry practices. As a
result, numerous regulatory changes
have been made over the years to
address industry operation changes and
to improve program administration. The
marketing order itself has never been
amended since its inception, but several
regulatory changes have been made
through informal rulemaking, as noted
above, to ensure the program continues
to meet the industry’s needs.
Accordingly, AMS has determined
that the California desert grape
marketing order should be continued.
The marketing order was established to
help the desert grape industry work
with USDA to solve marketing
problems. The marketing order
continues to be beneficial to producers,
handlers, and consumers.
AMS will continue to work with the
California desert grape industry in
maintaining an effective program.
VerDate Mar<15>2010
14:42 Jun 27, 2011
Jkt 223001
Dated: June 22, 2011.
Rayne Pegg,
Administrator, Agricultural Marketing
Service.
[FR Doc. 2011–16136 Filed 6–27–11; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 955
[Doc. No. AMS–FV–11–0016; FV11–955–1
FR]
Vidalia Onions Grown in Georgia;
Change in Late Payment and Interest
Requirements on Past Due
Assessments
Agricultural Marketing Service,
USDA.
ACTION: Final rule.
AGENCY:
This rule changes the
delinquent assessment requirements in
effect under the marketing order for
Vidalia onions grown in Georgia (order).
The order regulates the handling of
Vidalia onions grown in Georgia and is
administered locally by the Vidalia
Onion Committee (Committee). This
rule establishes a late payment charge of
10 percent on unpaid assessments that
are 10 days past due and increases the
interest rate applied to delinquent
assessments from 1 percent to 1.5
percent per month. This action should
improve handler compliance with the
assessment and reporting provisions of
the order and help reduce the
Committee’s collection expenditures.
DATES: Effective Date: June 29, 2011.
FOR FURTHER INFORMATION CONTACT:
Jennie M. Varela, Marketing Specialist,
or Christian D. Nissen, Regional
Manager, Southeast Marketing Field
Office, Marketing Order Administration
Branch, Fruit and Vegetable Programs,
AMS, USDA; Telephone: (863) 324–
3375, Fax: (863) 325–8793, or E-mail:
Jennie.Varela@ams.usda.gov or
Christian.Nissen@ams.usda.gov.
Small businesses may request
information on complying with this
regulation by contacting Laurel May,
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:
Laurel.May@ams.usda.gov.
SUMMARY:
This final
rule is issued under Marketing
Agreement and Order No. 955, both as
amended (7 CFR part 955), regulating
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
the handling of Vidalia onions grown in
Georgia, 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 final rule has been reviewed
under Executive Order 12988, Civil
Justice Reform. This rule is 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. 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 final rule changes the delinquent
assessment requirements in effect under
the order. This rule establishes a late
payment charge of 10 percent on unpaid
assessments that are 10 days past due
and increases the interest rate applied to
delinquent assessments from 1 percent
to 1.5 percent per month. The change
was recommended unanimously by the
Committee at a meeting on February 17,
2011.
Section 955.42 of the order provides
authority for imposition of a late charge
or interest rate or both on delinquent
assessments. Section 955.142 of the
order’s rules and regulations prescribes
the requirements for delinquent
assessments. Prior to this action,
§ 955.142 specified that each handler
pay an interest charge of 1 percent per
month on any unpaid assessments and
accrued unpaid interest beginning the
day after the assessments are due. This
rule modifies § 955.142 to include a 10
percent late charge on delinquent
assessments that are 10 days past due
and increases the interest rate on
delinquent assessments to 1.5 percent
per month.
The order requires handlers to pay to
the Committee a pro rata assessment on
the volume of onions handled. The
volume of onions handled is based on
E:\FR\FM\28JNR1.SGM
28JNR1
]]>Agencies
[Federal Register Volume 76, Number 124 (Tuesday, June 28, 2011)]
[Rules and Regulations]
[Pages 37617-37618]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-16136]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Rules
and Regulations
[[Page 37617]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 925
[Doc. No. AMS-FV-06-0185; FV06-925-610 Review]
Grapes Grown in a Designated Area of Southeastern California;
Section 610 Review
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Confirmation of regulations.
-----------------------------------------------------------------------
SUMMARY: This action summarizes the results under the criteria
contained in section 610 of the Regulatory Flexibility Act (RFA), of an
Agricultural Marketing Service (AMS) review of Marketing Order No. 925
regulating the handling of grapes grown in a designated area of
southeastern California (order). Based upon its review, AMS has
concluded that there is a continued need for the order.
ADDRESSES: Interested persons may obtain a copy of the review. Requests
for copies should be sent to the Docket Clerk, Marketing Order
Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1400
Independence Avenue, SW., STOP 0237, Washington, DC 20250-0237; Fax:
(202) 720-8938; or Internet: https://www.regulations.gov. The review may
also be viewed online at: https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Kathie Notoro, 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:
Kathie.Notoro@ams.usda.gov or Kurt.Kimmel@ams.usda.gov.
SUPPLEMENTARY INFORMATION: Marketing Order 925, as amended (7 CFR part
925), regulates the handling of grapes grown in a designated area of
southeastern California. The marketing order is effective under the
Agricultural Marketing Agreement Act of 1937 (Act), as amended (7
U.S.C. 601-674).
The desert grape marketing order establishes the California Desert
Grape Administrative Committee (Committee) as the administrative body
charged with overseeing program operations. Staff is hired to conduct
the daily administration of the program. The Committee consists of 12
members. Five members represent producers, five represent handlers, one
represents either producers or handlers (the ``at large'' member), and
one member represents the public. Each member has an alternate. Members
and alternate members are elected at annual nomination meetings.
Currently, there are approximately 50 producers and 14 handlers of
California desert grapes. In addition, there are approximately 100
importers of grapes. The majority of the handlers and importers may be
classified as small entities and the majority of producers may not be
classified as small entities. The regulations implemented under the
order are applied uniformly to small and large entities, and are
designed to benefit all entities, regardless of size.
AMS published in the Federal Register (64 FR 8014; February 18,
1999), its plan to review certain regulations, including Marketing
Order 925, under criteria contained in section 610 of the RFA (5 U.S.C.
601-612). Updated plans were published in the Federal Register on
January 4, 2002 (67 FR 525), August 14, 2003 (68 FR 48574), and again
on March 24, 2006 (71 FR 14827). Accordingly, AMS published a notice of
review and request for written comments on the California desert grape
marketing order in the February 21, 2006, issue of the Federal Register
(71 FR 8810). The deadline for comments ended April 24, 2006. Five
comments were received in response to the notice, and are discussed
later in this document.
The review was undertaken to determine whether the desert grape
marketing order should be continued without change, amended, or
rescinded to minimize the impacts on small entities. In conducting this
review, AMS considered the following factors: (1) The continued need
for the marketing order; (2) the nature of complaints or comments
received from the public concerning the marketing order; (3) the
complexity of the marketing order; (4) the extent to which the
marketing order overlaps, duplicates, or conflicts with other Federal
rules, and, to the extent feasible, with State and local governmental
rules; and (5) the length of time since the marketing order has been
evaluated or the degree to which technology, economic conditions, or
other factors have changed in the area affected by the marketing order.
The marketing order authorizes the following activities: Quality
control with mandatory outgoing inspection; container and pack
requirements; packing holidays; production research; market research
and development; and reporting requirements for collection and
dissemination of shipment information.
The quality control provisions of the order have helped to ensure a
good quality of fruit is provided to consumers. Pack and container
requirements provide uniformity in the marketing of grapes. Wholesalers
and retailers are assured of consistency in the packaging of the
product they receive and market. Packing holidays can help reduce
buildup of excess inventories in handlers' warehouses. This can help to
provide a more stable flow of product to market and relieve downward
pressure on pricing. Collection and dissemination of handler
information is useful to the industry in making production and
marketing decisions. Finally, production research activities have
helped the industry address specific issues that impact the growing of
grapes in the production area. The quality control and inspection
regulations are also applied to imported grapes under section 608e of
the Act.
Market research and development activities are authorized under the
order but have not been implemented. Should the industry determine such
programs may be beneficial in the future, it may choose to implement
them. Funds to administer the marketing order are obtained from handler
assessments.
Based on the potential benefits of the marketing order to
producers, handlers, and consumers, AMS has determined that the order
should continue without change.
In regard to complaints or comments received from the public
regarding this
[[Page 37618]]
review, USDA received five comments from interested parties. In
general, the comments addressed issues that were the subject of a
separate notice and comment informal rulemaking action concerning
proposed changes to the regulatory period under the marketing order
that was completed with publication of a final rule on February 5, 2010
(75 FR 5879). It is noted that the commenters also submitted similar
comments in response to that rulemaking action. The comments have been
addressed in that rulemaking proceeding.
In considering the order's complexity, AMS has determined that the
marketing order is not unduly complex.
During the review, the order was also checked for duplication and
overlap with other regulations. AMS did not identify any relevant
Federal rules, or State and local regulations that duplicate, overlap,
or conflict with the marketing order for California desert grapes.
The marketing order was established in 1980. Since its inception,
AMS and the California desert grape industry have continuously
monitored its operations. Changes in regulations have been implemented
to reflect current industry operating practices, and to solve marketing
problems as they occur. The goal of these evaluations is to assure that
the order and the regulations implemented under it fit the needs of the
industry and are consistent with the Act.
The Committee meets whenever needed to discuss the marketing order
and the various regulations issued thereunder, and to determine if, or
what, changes may be necessary to reflect current industry practices.
As a result, numerous regulatory changes have been made over the years
to address industry operation changes and to improve program
administration. The marketing order itself has never been amended since
its inception, but several regulatory changes have been made through
informal rulemaking, as noted above, to ensure the program continues to
meet the industry's needs.
Accordingly, AMS has determined that the California desert grape
marketing order should be continued. The marketing order was
established to help the desert grape industry work with USDA to solve
marketing problems. The marketing order continues to be beneficial to
producers, handlers, and consumers.
AMS will continue to work with the California desert grape industry
in maintaining an effective program.
Dated: June 22, 2011.
Rayne Pegg,
Administrator, Agricultural Marketing Service.
[FR Doc. 2011-16136 Filed 6-27-11; 8:45 am]
BILLING CODE 3410-02-P
