Fresh Fruit and Vegetable Program, 13015 [C1-2012-4181]
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13015
Proposed Rules
Federal Register
Vol. 77, No. 43
Monday, March 5, 2012
7 CFR Parts 211 and 235
processors with the opportunity to vote
in a referendum to determine if they
favor the changes. These amendments
were proposed by the Cherry Industry
Administrative Board (CIAB), which is
responsible for local administration of
the order. These amendments would
revise: Section 930.10, the definition of
‘‘Handle’’; Section 930.50, ‘‘Marketing
Policy’’ and Section 930.58, ‘‘Grower
Diversion Privilege.’’ The amendments
are intended to improve the operation
and administration of the order.
RIN 0584–AD96
DATES:
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
Food and Nutrition Service
Fresh Fruit and Vegetable Program
Correction
In proposed rule document 2012–
4181 appearing on pages 10981–10997
in the issue of February 24, 2012, make
the following correction:
On page 10981, in the second column,
after FOR FURTHER INFORMATION CONTACT,
the contact information is corrected to
read ‘‘Julie Brewer, Chief, Policy and
Program Development Branch, Child
Nutrition Division, Food and Nutrition
Service, USDA, 3101 Park Center Drive,
Room 634, Alexandria, Virginia 22302;
telephone: (703) 305–2590.’’
[FR Doc. C1–2012–4181 Filed 3–2–12; 8:45 am]
BILLING CODE 1505–01–D
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 930
[Doc. No. AO–370–A9; 11–0093; AMS–FV–
10–0087; FV10–930–5]
Tart Cherries Grown in Michigan, New
York, Pennsylvania, Oregon, Utah,
Washington, and Wisconsin;
Secretary’s Decision and Referendum
Order on Proposed Amendment of
Marketing Order No. 930
Agricultural Marketing Service,
USDA.
ACTION: Proposed rule and referendum
order.
erowe on DSK2VPTVN1PROD with PROPOSALS-1
AGENCY:
This decision proposes
amendments to Marketing Order No.
930 (order), which regulates the
handling of tart cherries grown in
Michigan, New York, Pennsylvania,
Oregon, Utah, Washington, and
Wisconsin and provides growers and
SUMMARY:
VerDate Mar<15>2010
15:05 Mar 02, 2012
Jkt 226001
The referendum will be
conducted from March 19, 2012 to
March 30, 2012. The representative
period for the purpose of the
referendum is July 1, 2010 through June
30, 2011.
FOR FURTHER INFORMATION CONTACT:
Parisa Salehi, Marketing Order and
Agreement Division, Fruit and
Vegetable Programs, AMS, USDA, 1400
Independence Avenue SW., Stop 0237,
Washington DC 20250–0237;
Telephone: (202) 270–9918, Fax: (202)
720–8938, or Email:
Parisa.Salehi@ams.usda.gov; or Martin
Engeler, Marketing Order and
Agreement Division, Fruit and
Vegetable Program, AMS, USDA, 2202
Monterey Street, Fresno, California
93721; Telephone: (559) 487–5110, Fax:
(559) 487–5110, or Email:
Martin.Engeler@ams.usda.gov.
Small businesses may request
information on this proceeding by
contacting Laurel May, Marketing Order
and Agreement Division, Fruit and
Vegetable Programs, AMS, USDA, 1400
Independence Avenue SW., Stop 0237,
Washington, DC 20250–0237;
Telephone: (202) 205–2830, Fax: (202)
720–8938, Email:
Laurel.May@ams.usda.gov.
Prior
documents in this proceeding: Notice of
Hearing issued on March 4, 2011, and
published in the March 14, 2011, issue
of the Federal Register (76 FR 13528).
The Recommended Decision was issued
on November 3, 2011 and published in
the November 9, 2011, issue of the
Federal Register (76 FR 69673).
This action is governed by the
provisions of sections 556 and 557 of
title 5 of the United States Code and is
therefore excluded from the
requirements of Executive Order 12866.
SUPPLEMENTARY INFORMATION:
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Preliminary Statement
The proposed amendments are based
on the record of a public hearing held
April 20 and 21, 2011, in Grand Rapids,
Michigan, and a second public hearing
held April 26, 2011, in Provo, Utah. The
hearing was held pursuant to the
provisions of the Agricultural Marketing
Agreement Act of 1937, as amended (7
U.S.C. 601–674), hereinafter referred to
as the ‘‘Act’’, and the applicable rules of
practice and procedure governing the
formulation of marketing agreements
and orders (7 CFR part 900). Notice of
this hearing was published in the
Federal Register on March 14, 2011 (76
FR 13528). The notice of hearing
contained the proposal submitted by
CIAB and one proposal by the
Agricultural Marketing Service (AMS).
This action is a decision addressing the
amendments listed in the notice of
hearing.
The proposed amendments were
recommended by CIAB and submitted
to USDA on September 22, 2010.
The proposed amendments
recommended by the CIAB are
summarized below.
1. Amendment 1 would revise the
term ‘‘handle’’ within the order. This
proposal would revise existing section
930.10, Handle, to exclude handler
acquisition of grower diversion
certificates from definition of handle.
2. Amendment 2 would revise the
‘‘marketing policy’’ provisions in
section 930.50 of the order so that
grower-diverted cherries are not
counted as production in the volume
control formula.
3. Amendment 3 would revise the
existing section 930.58, so growerdiverted cherries are not treated as
actual harvested cherries.
In addition to the proposed
amendments to the order, AMS
proposed to making any additional
changes to the order as may be
necessary to conform to any amendment
that may result from the hearings.
Upon the basis of evidence
introduced at the hearings and the
record thereof, the Administrator of
AMS issued a Recommended Decision
published in the Federal Register on
November 9, 2011 (76 FR 69673). An
opportunity to file written exceptions
was provided through November 25,
2011. Two comments were received
during that period. A comment was
received on behalf of the Cherry
E:\FR\FM\05MRP1.SGM
05MRP1
]]>Agencies
[Federal Register Volume 77, Number 43 (Monday, March 5, 2012)]
[Proposed Rules]
[Page 13015]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: C1-2012-4181]
========================================================================
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. 77, No. 43 / Monday, March 5, 2012 / Proposed
Rules
[[Page 13015]]
DEPARTMENT OF AGRICULTURE
Food and Nutrition Service
7 CFR Parts 211 and 235
RIN 0584-AD96
Fresh Fruit and Vegetable Program
Correction
In proposed rule document 2012-4181 appearing on pages 10981-10997
in the issue of February 24, 2012, make the following correction:
On page 10981, in the second column, after FOR FURTHER INFORMATION
CONTACT, the contact information is corrected to read ``Julie Brewer,
Chief, Policy and Program Development Branch, Child Nutrition Division,
Food and Nutrition Service, USDA, 3101 Park Center Drive, Room 634,
Alexandria, Virginia 22302; telephone: (703) 305-2590.''
[FR Doc. C1-2012-4181 Filed 3-2-12; 8:45 am]
BILLING CODE 1505-01-D
