Agricultural Marketing Service February 2008 – Federal Register Recent Federal Regulation Documents

This rule amends Marketing Order No. 959 (order), which regulates the handling of onions grown in South Texas. The amendments are based on those proposed by the South Texas Onion Committee (committee), which is responsible for local administration of the order, and the Department of Agriculture (USDA). The amendments will authorize interest and late payment charges on assessments not paid within a prescribed time period and require that a continuance referendum be conducted every six years to determine grower support for the order. The amendments were approved by onion growers in a mail referendum conducted from September 10 through September 28, 2007. The amendments are intended to improve the operation and functioning of the South Texas onion marketing order program. Proposed amendments that failed in referendum and are not included in this final order include authority for supplemental assessment rates, marketing promotion and paid advertising authority, and tenure limitations for committee members.

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 Florida Tomato Committee (Committee) for the 2007-08 and subsequent fiscal periods from $0.035 to $0.0325 per 25-pound carton of tomatoes handled. The Committee locally administers the marketing order which regulates the handling of tomatoes grown in Florida. Assessments upon tomato handlers are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal period begins August 1 and ends July 31. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.

This decision proposes to adopt on an interim final and emergency basis proposals that adjust the Class I pricing surface of the Appalachian, Southeast and Florida Federal milk marketing orders. In addition, this decision proposes to amend certain features of the diversion limit, touch-base standards and transportation credit provisions for the Appalachian and Southeast Federal milk marketing orders. Other proposals seeking to increase the maximum administrative assessment for the Appalachian, Florida and Southeast marketing orders is addressed in a separate decision. This decision requires determining if producers approve the issuance of the amended orders on an interim basis.

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), this notice announces the Agricultural Marketing Service's (AMS) intention to request a revision to the currently approved collections for 7 CFR Part 54Meats, Prepared Meats, and Meat Products (Grading, Certification, and Standards), which includes Form LS-313, ``Application for Service,'' Form LS-315, and ``Application for Commitment Grading or Certification Service''.

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 Beet Greens. 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 Beet Greens for possible revisions. 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 rule establishes interim final and final free and restricted percentages for domestic inshell hazelnuts for the 2007-2008 marketing year under the Federal marketing order for hazelnuts grown in Oregon and Washington. The interim final free and restricted percentages are 8.1863 and 91.8137 percent, respectively, and the final free and restricted percentages are 9.2671 and 90.7329 percent, respectively. The percentages allocate the quantity of domestically produced hazelnuts which may be marketed in the domestic inshell market (free) and the quantity of domestically produced hazelnuts that must be disposed of in outlets approved by the Board (restricted). Volume regulation is intended to stabilize the supply of domestic inshell hazelnuts to meet the limited domestic demand for such hazelnuts with the goal of providing producers with reasonable returns. This rule was recommended unanimously by the Hazelnut Marketing Board (Board), the agency responsible for local administration of the marketing order.

The Agricultural Marketing Service (AMS) is revising the voluntary United States Standards for Grades of Cantaloups. Specifically, AMS is revising the ``Application of Tolerances'' section in the cantaloup standards. Additionally, AMS is removing the ``Unclassified'' category from the standards. These changes will bring the standards for cantaloups in line with current marketing practices, thereby improving the usefulness of the standards in serving the industry.

The Agricultural Marketing Service (AMS) announces funding of approximately $1 million in competitive grant funds for fiscal year (FY) 2008 to increase domestic consumption of agricultural commodities by expanding direct producer-to-consumer market opportunities. Examples of direct producer-to-consumer market opportunities include new farmers' markets, roadside stands, community supported agriculture programs, and other direct producer-to-consumer infrastructures. AMS hereby requests proposals from eligible entities from the following categories: (1) Agricultural cooperatives, (2) local governments, (3) nonprofit corporations, (4) public benefit corporations, (5) economic development corporations, (6) regional farmers' market authorities, and (7) tribal governments. The maximum award per grant is $75,000. No matching funds are required. AMS strongly recommends that each applicant visit the AMS Web site at https://www.ams.usda.gov/FMPP to review a copy of the FMPP Guidelines and application package preparation information to assist in preparing the proposal narrative and application package. In accordance with the Paperwork Reduction Act of 1995, the information collection requirements have been previously approved by the Office of Management and Budget (OMB) under 0581-0235.

This rule decreases the assessment rate established for the California Olive Committee (committee) for the 2008 and subsequent fiscal years from $47.84 to $15.60 per assessable ton of olives handled. The committee locally administers the marketing order which regulates the handling of olives grown in California. Assessments upon olive handlers are used by the committee to fund reasonable and necessary expenses of the program. The fiscal year began January 1 and ends December 31. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.

This final rule amends Marketing Order No. 915 (order), which regulates the handling of avocados grown in South Florida. The amendments are based on those proposed by the Florida Avocado Administrative Committee (committee), which is responsible for local administration of the order. The amendments will: Add authority for the committee to borrow funds; revise voting requirements for changing the assessment rate; allow for District 1 nominations to be conducted by mail; and, add authority for the committee to accept voluntary contributions. All of the proposals were favored by avocado growers in a mail referendum, held July 23 through August 6, 2007. The amendments are intended to improve the operation and functioning of the marketing order program.