Agricultural Marketing Service 2008 – Federal Register Recent Federal Regulation Documents

We are denying proposals that would have increased Class I and Class II prices and modified the formulas used to determine Class I and II prices in all Federal milk marketing orders. This document terminates the proceeding on the five proposed amendments.

The Agricultural Marketing Service (AMS), prior to undertaking research and other work associated with revising official grade standards, is soliciting comments on the possible revisions to the United States Standards for Grades of Carrots with Short Trimmed Tops. AMS has been reviewing the Fresh Fruit and Vegetable grade standards for usefulness in fostering commerce. As a result, AMS has identified the United States Standards for Grades of Carrots with Short Trimmed Tops for possible revisions. AMS is proposing to revise the color requirement to allow carrots with short trimmed tops of any color characteristic of the variety to be graded using the standards. In addition, the similar varietal characteristic requirement would be amended to allow mixed colors and/or types of carrots when designated as a mixed or specialty pack. Also, AMS is considering removing the ``Unclassified'' category from the standards. AMS is seeking comments regarding this change as well as any other possible revisions that may be necessary to better serve the industry.

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. 927, regulating the handling of pears grown in Oregon and Washington. AMS has determined that the marketing order should be continued.

The Agricultural Marketing Service (AMS), of the United States Department of Agriculture (USDA) prior to undertaking research and other work associated with revising an official grade standard, is soliciting comments on the petition to revise the United States Standards for Grades of Frozen Blueberries. AMS received a petition from blueberry producers asking USDA to consider revising the current U.S. grade standard.

The Agricultural Marketing Service (AMS), prior to undertaking research and other work associated with revising official grade standards, is soliciting comments on the possible revisions to the United States Standards for Grades of Bunched Carrots. AMS has been reviewing the Fresh Fruit and Vegetable grade standards for usefulness in fostering commerce. As a result, AMS has identified the United States Standards for Grades of Bunched Carrots for possible revisions. AMS is proposing to revise the color requirement to allow bunched carrots of any color characteristic of the variety to be graded using the standards. In addition, the similar varietal characteristic requirement would be amended to allow mixed colors and/or types of carrots when designated as a mixed or specialty pack. Also, AMS is considering removing the ``Unclassified'' category from the standards. AMS is seeking comments regarding this change as well as any other possible revisions that may be necessary to better serve the industry.

This final rule amends the regulations issued under the Lamb Promotion, Research, and Information Order (Order) pursuant to administrative changes to Web addresses and office locations within the USDA's Agricultural Marketing Service.

This rule provides a partial exemption to the minimum grade requirements under the marketing order for tomatoes grown in Florida (order). The order regulates the handling of tomatoes grown in Florida and is administered locally by the Florida Tomato Committee (Committee). Absent an exemption, Florida tomatoes covered by the order must meet at least a U.S. No. 2 grade before they can be shipped and sold outside the regulated area. This rule exempts Vintage Ripes\TM\ tomatoes (Vintage Ripes\TM\) from the shape requirements associated with the U.S. No. 2 grade. This change increases the volume of Vintage Ripes\TM\ that will meet the order requirements, and will help increase shipments and availability of these tomatoes.

The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim final rule relaxing the size requirement prescribed under the Washington potato marketing order. The marketing order regulates the handling of Irish potatoes grown in Washington, and is administered locally by the State of Washington Potato Committee (Committee). This rule continues in effect the action that relaxed the minimum size required for all fresh market red, yellow fleshed, and white types of potatoes from 1 inch (25.4 mm) to \3/4\ inch (19.1 mm) in diameter, if the potatoes otherwise meet the requirements of U.S. No. 1 grade. This rule also continues in effect the action that relaxed the minimum size requirement from July 1 through September 30 of each year for imported red-skinned, round type potatoes under the import regulations as required by section 8e of the Agricultural Marketing Agreement Act of 1937. The Committee recommended this change in response to the recently revised U.S. Standards for Grades of Potatoes which added a definition for Creamer potatoes. This change is intended to provide potato handlers with greater marketing flexibility, growers with increased returns, consumers with a greater supply of small potatoes, and to bring the section 8e potato import regulation into conformity with the marketing order.

The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim final rule which decreased the assessment rate established for the Prune Marketing Committee (Committee) for the 2008-09 and subsequent crop years from $0.60 to $0.30 per ton of salable dried prunes. The Committee locally administers the marketing order which regulates the handling of dried prunes in California. Assessments upon dried prune handlers are used by the Committee to fund reasonable and necessary expenses of the program. The crop year began August 1 and ends July 31. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.

This rule decreases the assessment rate established for the Kiwifruit Administrative Committee (Committee) for the 2008-09 and subsequent fiscal periods from $0.045 to $0.035 per 9-kilo volume-fill container or equivalent of kiwifruit. The Committee locally administers the marketing order which regulates the handling of kiwifruit grown in California. Assessments upon kiwifruit handlers are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal period begins on August 1 and ends July 31. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.

This rule modifies the late payment and interest charge regulation prescribed under the Washington potato marketing order. The marketing order regulates the handling of Irish potatoes grown in Washington, and is administered locally by the State of Washington Potato Committee (Committee). This rule revises the date interest is charged on late assessment payments from 30 to 60 days from the billing date shown on the handler's assessment statement received from the Committee. This rule will contribute to the efficient operation of the marketing order by reducing billing for nominal late payment interest charges on handlers who pay within 60 days of the billing date, while continuing those interest charges necessary to encourage payment, thereby ensuring that adequate funds are available to cover the Committee's authorized expenses.

This notice sets forth the schedule and proposed agenda of a forthcoming teleconference meeting of the Plant Variety Protection Board. Notice of this meeting is required under section 10(a)(2) of the Federal Advisory Committee Act. This document is intended to notify the general public of their opportunity to attend the meeting.

This rule revises the administrative rules and regulations governing nominations for the California Walnut Board (Board). The Board locally administers the marketing order that regulates the handling of walnuts grown in California (order). This rule removes references to independent handlers, revises specifications under which groups of growers may submit nominations for certain grower positions on the Board, and corrects numerical references to other sections of the order. This change is needed to bring the administrative rules and regulations into conformance with recently enacted amendments to the order concerning Board structure and nomination procedures.

Notice is hereby given of a public hearing to receive evidence on proposed amendments to the Cotton Research and Promotion Order (Order). The Agricultural Marketing Service (AMS) is proposing to amend the Order to implement section 14202 of the Food, Conservation, and Energy Act of 2008 (Pub. L. 110-234), hereinafter referred to as the ``2008 Farm Bill'', that amended the Cotton Research and Promotion Act (7 U.S.C. 2101-2118), hereinafter referred to as the ``Cotton Act.'' The 2008 Farm Bill designated the States of Kansas, Virginia, and Florida in the definition of ``cotton-producing state'' effective beginning with the 2008 crop of cotton. In addition, AMS proposes to make any such changes as may be necessary to the order to conform to any amendment that may result from the hearing.

The Agricultural Marketing Service (AMS) published a final rule in the Federal Register on March 21, 2008 (FR Doc. 08-1058), revising the United States Standards of Grades of Potatoes. As published, the final regulations contain errors in Sec. Sec. 51.1545, 51.1546, 51.1664, and 51.1565 that are misleading and are in need of clarification. This document corrects those errors.

Notice is hereby given of a public hearing to receive evidence on proposed amendments to Marketing Order No. 920 (order), which regulates the handling of kiwifruit grown in California. The amendments are proposed by the Kiwifruit Administrative Committee (committee), which is responsible for local administration of the order. The proposed amendments would redefine the districts into which the production area is divided, and provide for reallocation of committee membership; revise the committee selection and nomination processes; add authority for the committee to recommend and conduct research and market development programs; and revise committee meeting and voting procedures. In addition, the Agricultural Marketing Service (AMS) proposes to make any such changes as may be necessary to the order to conform to any amendment that may result from the hearing. The proposals are intended to provide additional flexibility in administration of the order and provide the industry with additional tools to aid in the marketing of kiwifruit.

This rule changes the grade and container requirements currently prescribed under the marketing order for avocados grown in South Florida (order). The order regulates the handling of avocados grown in South Florida and is administered locally by the Avocado Administrative Committee (Committee). This change establishes a minimum grade of a U.S. No. 2 for shipments within the production area, requiring these shipments to meet the same grade as currently prescribed for shipments leaving the production area. This rule also makes changes to the container and container marking requirements under the order. These changes provide a grade and a pack to meet consumer demand and improve the identification and traceability of avocado shipments.

On September 22, 2008, the Agricultural Marketing Service (AMS) published in the Federal Register (73 FR 54555), a Notice of Funds Availability inviting all States of the United States of America, its territories, the District of Columbia, and the Commonwealth of Puerto Rico, (collectively hereinafter called States) to submit an Application for Federal Assistance (Standard Form 424), and to enter into a cooperative agreement with AMS for the allocation of National Organic Certification Cost-Share Funds. This Notice informs that the National Organic Certification Cost-Share Program (Program) is being amended to provide cost-share assistance through participating States, to organic producers and handlers receiving certification or continuation of certification by a USDA-accredited certifying agent commencing October 1, 2007, rather than the originally announced October 1, 2008. To effectuate this amendment to the Program, AMS will issue amended cooperative agreements to participating States. Funding will be available for fiscal year 2008 (October 1, 2007, through September 30, 2008) in all States signing and returning an amended cooperative agreement. This action will make funds available to a greater number of eligible persons and achieve Congress' intent that use of National Organic Certification Cost-Share Funds begin with fiscal year 2008. AMS has allocated a total of $22.0 million for the National Organic Certification Cost-Share Program commencing in fiscal year 2008. Funds are available under this Program to interested States to assist organic producers and handlers certified under the National Organic Program (NOP), as appropriate.

This proposed rule would amend livestock and related provisions of the NOP. Comments have been received from consumers, producers, certifying agents, trade associations, retailers, organic associations, animal welfare organizations, consumer groups, and various industry groups seeking greater detail on the role of pasture in organic livestock production. Also since implementation of the NOP in 2002, the National Organic Standards Board (NOSB) has made several recommendations regarding the role of pasture. As a result of comments, complaints, and noncompliances, we are proposing amendments to the livestock provisions of the NOP. This proposed rule provides greater detail for selected provisions of the existing livestock regulations, especially as they relate to pasture and ruminant animals. By specifying in greater detail that producers are to provide ruminants with pasture, recognize pasture as a crop, and incorporate pasture into their organic system plan, producers will have better records and tools for managing pasture and demonstrating compliance with the livestock regulations. Certifying agents will have better tools for measuring compliance with the livestock regulations. Consumers will have better assurances that the organic label is applied in ways that meet their expectations that ruminant livestock animals graze pastures during the growing season. This proposed rule would also clarify the replacement animal provision for dairy animals.

This rule invites comments on a modification of the late payment and interest charge regulation prescribed under the Washington potato marketing order. The marketing order regulates the handling of Irish potatoes grown in Washington, and is administered locally by the State of Washington Potato Committee (Committee). This rule would revise the date interest is charged on late assessment payments from 30 to 60 days from the billing date shown on the handler's assessment statement received from the Committee. This rule would contribute to the efficient operation of the marketing order by reducing billing for nominal late payment interest charges on handlers who pay within 60 days of the billing date, while continuing those interest charges necessary to encourage payment, thereby ensuring that adequate funds are available to cover the Committee's authorized expenses.

This final rule amends the U.S. Department of Agriculture's (USDA) National List of Allowed and Prohibited Substances (National List) regulations to enact recommendations submitted to the Secretary of Agriculture (Secretary) by the National Organic Standards Board (NOSB). The amendments addressed in this final rule pertain to the continued exemption (use) and prohibition of 12 substances in organic production and handling. Consistent with the recommendations from the NOSB, this final rule renews 11 exemptions and 1 prohibition on the National List (along with any restrictive annotations) and corrects the Tartaric acid listings by adding annotations originally recommended to the Secretary.

This rule increases the assessment rate established for the California Walnut Board (Board) for the 2008-09 marketing year from $0.0122 to $0.0158 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 2008-09 marketing year began on September 1, 2008, and ends on August 31, 2009. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.

In accordance with the Federal Advisory Committee Act, as amended, the Agricultural Marketing Service (AMS) is announcing a forthcoming meeting of the National Organic Standards Board (NOSB).

This rule increases the assessment rate established for the Washington Apricot Marketing Committee (Committee) for the 2008-09 and subsequent fiscal periods from $1.50 to $2.00 per ton for Washington apricots. The Committee is responsible for local administration of the marketing order regulating the handling of apricots grown in designated counties in Washington. Assessments upon handlers of apricots are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal period for the marketing order begins April 1 and ends March 31. The assessment rate remains in effect indefinitely unless modified, suspended or terminated.

This final rule amends the U.S. Department of Agriculture's (USDA) National List of Allowed and Prohibited Substances (National List) to reflect one recommendation submitted to the Secretary of Agriculture (Secretary) by the National Organic Standards Board (NOSB) on May 22, 2008. Consistent with the recommendation from the NOSB, this final rule revises the annotation of one substance on the National List, Methionine, to extend its use in organic poultry production until October 1, 2010.