Agricultural Marketing Service December 2005 – Federal Register Recent Federal Regulation Documents

A public hearing is being held to consider proposals for the Appalachian and Southeast Federal milk orders to amend the current inter-market transportation credit provisions and to establish new intra-market transportation credit provisions. Evidence will be taken at the hearing to determine whether emergency marketing conditions exist that would warrant omission of a recommended decision under the rules of practice and procedure (7 CFR 900.12(d)).

This rule terminates the marketing order for fresh Bartlett pears grown in Oregon and Washington, Marketing Order No. 931 (order), and the rules and regulations issued thereunder. On May 21, 2005, Marketing Order No. 927 was amended to include regulatory authority over Bartlett pears grown in Oregon and Washington, historically regulated by the order. That action anticipated the termination of Order No. 931. Thus, there is no need to continue the operation of the order.

This rule invites comments on a relaxation of the minimum grade requirement for certain potatoes handled under the Colorado potato marketing order, Area No. 2. The Colorado Potato Administrative Committee, Area No. 2 (Committee), the agency responsible for local administration of the marketing order, recommended this rule as a replacement for a previously issued proposed rule. This rule would change the minimum grade from U.S. No. 1 to U.S. Commercial for varieties of long, red-skinned, yellow fleshed potatoes produced in Area No. 2 measuring from 1\1/2\ inch minimum diameter to 2\1/4\-inch maximum diameter (size B), and from 1-inch minimum diameter to 1\3/4\- inch maximum diameter. The proposed change is intended to provide potato handlers with more marketing flexibility, growers with increased returns, and consumers with a greater supply of small specialty potatoes.

This document announces the Agricultural Marketing Service's (AMS) review of the Mushroom Promotion, Research, and Consumer Information Order (conducted under the Mushroom Promotion, Research, and Consumer Information Act), under the criteria contained in Section 610 of the Regulatory Flexibility Act (RFA).

This document is the final decision proposing to adopt changes to provisions of the producer-handler definitions of the Pacific Northwest and Arizona-Las Vegas orders as contained in a Recommended Decision published in the Federal Register on April 13, 2005. This document is subject to approval by producers.

This document adopts as a final rule, without change, an interim final rule concerning pooling standards and transportation credit provisions of the Upper Midwest Federal milk order. More than the required number of producers for the Upper Midwest marketing area approved the issuance of the final order amendments.

This rule increases the assessment rate established for the Walnut Marketing Board (Board) for the 2005-06 and subsequent marketing years from $0.0094 to $0.0096 per kernelweight pound of assessable walnuts. The Board locally administers the marketing order which regulates the handling of walnuts grown in California. Assessments upon walnut handlers are used by the Board to fund reasonable and necessary expenses of the program. The marketing year began August 1 and ends July 31. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.

This rule amends a prior interim final rule that increased the quantity of Class 1 (Scotch) and Class 3 (Native) spearmint oil that handlers may purchase from, or handle for, producers during the 2005- 2006 marketing year. The prior interim final rule increased the Scotch spearmint oil salable quantity from 677,409 pounds to 1,062,898 pounds, and the allotment percentage from 35 percent to 55 percent. In addition, the prior interim final rule increased the Native spearmint oil salable quantity from 867,958 pounds to 1,019,600 pounds, and the allotment percentage from 40 percent to 47 percent. This action does not affect the Scotch spearmint oil salable quantity and allotment percentage; however, it increases the Native spearmint oil salable quantity by an additional 151,855 pounds from 1,019,600 pounds to 1,171,455 pounds, and the allotment percentage by an additional 7 percent from 47 percent to 54 percent. The marketing order regulates the handling of spearmint oil produced in the Far West and is administered locally by the Spearmint Oil Administrative Committee (Committee). The Committee recommended this rule for the purpose of avoiding extreme fluctuations in supplies and prices and to help maintain stability in the Far West spearmint oil market.

This action announces the Agricultural Marketing Service's (AMS) review of the Soybean Promotion and Research Program (conducted under the Soybean Promotion and Research Order), under the criteria contained in section 610 of the Regulatory Flexibility Act (RFA).

The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim final rule suspending the provision of the walnut marketing order (order) pertaining to eligibility of members to serve on the Walnut Marketing Board (Board). The order regulates the handling of walnuts grown in California, and the Board is responsible for local administration of the order. This action is an interim measure that addresses a change in industry structure affecting cooperative marketing association related positions. This allows the Board to continue to represent the industry's interests while the order is amended to reflect the change in industry structure. The Board unanimously recommended a suspension action by mail balloting in early July 2005.