Agricultural Marketing Service March 2014 – Federal Register Recent Federal Regulation Documents

This rule amends the Watermelon Research and Promotion Plan's (Plan) importer membership requirements to serve on the National Watermelon Promotion Board (Board). The Board recommended eliminating the requirement that an importer import more than 50 percent of the total volume handled and imported in order to qualify as an importer member. This change allows for additional parties to qualify as an importer member. The U.S. Department of Agriculture (USDA or Department) conducted a referendum among eligible producers, handlers, and importers of watermelons from January 13 through 27, 2014. Seventy- four percent of those voting in the referendum favored amendment of the Plan. Additional revisions are made to remove unnecessary language in the Plan and regulations. Also, a section of the regulations is clarified and revised accordingly.

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501), this document announces the Agricultural Marketing Service's (AMS) intention to request an extension and revision to currently approved forms utilized by importers of commodities that are exempt from section 8e import regulations.

This final rule extends the Dairy Forward Pricing Program in accordance with the Agricultural Act of 2014 (2014 Farm Bill). The Dairy Forward Pricing Program was first authorized in section 1502 of the Food, Conservation and Energy Act of 2008. The program allows handlers regulated under the Federal milk marketing order program to pay producers and cooperative associations in accordance with the terms of a forward contract and not have to pay the minimum Federal order uniform price for milk. Establishing new contracts under the Dairy Forward Pricing Program has been prohibited since the expiration of the program on September 30, 2013. The 2014 Farm Bill (H.R. 2642) was signed into law on February 7, 2014, and extends the program to allow new contracts to be entered into until September 30, 2018. Any forward contract entered into up and until the September 30, 2018, deadline is subject to a September 30, 2021, expiration date to meet the terms of the contract.

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 emergency approval from the Office of Management and Budget (OMB) for a new collection under the Farmers' Market and Local Food Promotion Program. The Farmers' Market and Local Food Promotion Program, includes two AMS competitive grant programs: Farmers' Market Promotion Program (FMPP) and Local Food Promotion Program (LFPP). This new collection establishes forms and documentation under the Local Food Promotion Program.

The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim rule that suspended the handling regulations and inspection requirements prescribed under the marketing order for apricots grown in designated Counties in Washington (order). The interim rule suspended the minimum grade, size, quality, maturity, and inspection requirements of the order for the remainder of the 2013- 2014 fiscal period and subsequent fiscal periods. This rule is expected to reduce overall industry expenses and increase net returns to growers and handlers.

This proposed rule invites comments on revisions to the aflatoxin sampling regulations currently prescribed under the California, Arizona, and New Mexico pistachio marketing order (order). The order regulates the handling of pistachios grown in California, Arizona, and New Mexico, and is administered locally by the Administrative Committee for Pistachios (Committee). This action would allow the use of mechanical samplers (auto-samplers) for in-line sampling as a method to obtain samples for aflatoxin analysis. The use of auto-samplers is expected to reduce handler costs by providing a more efficient and cost-effective process.

This proposed rule invites comments on proposed limits to the quantity of Far West Scotch and Native spearmint oil that handlers may purchase from, or handle on behalf of, producers during the 2014-2015 marketing year, which begins on June 1, 2014. The Far West includes Washington, Idaho, Oregon, and designated parts of Nevada and Utah. The salable quantity and allotment percentage for Class 1 (Scotch) spearmint oil would be set at 1,149,030 pounds and 55 percent, respectively. For Class 3 (Native) spearmint oil, the salable quantity and allotment percentage would be set at 1,090,821 pounds and 46 percent, respectively. The Spearmint Oil Administrative Committee (Committee), the agency responsible for local administration of the marketing order for spearmint oil produced in the Far West, recommended these quantities.

This document directs that a referendum be conducted among eligible California walnut growers to determine whether they favor continuance of the marketing order regulating the handling of walnuts grown in California.

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 approval, from the Office of Management and Budget, for an extension of and revision to the currently approved information collection Dairy Request for Applicant Number OMB NO. 0581-0272.

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 approval, from the Office of Management and Budget, for an extension of and revision to the currently approved information collection for the Child Nutrition Labeling Program.

In accordance with the Federal Advisory Committee Act, as amended, (5 U.S.C. App.), the Agricultural Marketing Service (AMS) is announcing an upcoming meeting of the National Organic Standards Board (NOSB). Written public comments are invited in advance of the meeting, and the meeting will include scheduled time for oral comments from the public.

This final decision proposes to permanently adopt amendments that adjust the Class I pricing surface of the Appalachian, Florida, and Southeast Federal milk marketing orders. In addition, this decision seeks to adopt proposals that amend certain features of the diversion limit, touch-base, and transportation credit provisions for the Appalachian and Southeast milk marketing orders. This decision also proposes to adopt amendments that increase the maximum administrative assessment for the Appalachian, Florida and Southeast marketing orders. The orders as amended are subject to approval by producers in the affected markets. Producer approval for this action will be determined concurrently with amendments adopted in a separate final decision that amends the transportation balancing fund and other provisions of the Appalachian and Southeast milk marketing orders.

This interim final rule would amend the procedures to Request a Referendum by removing the specific number of soybean producers eligible to request a referendum under the Soybean Promotion, Research, and Consumer Information program, commonly known as the Soybean Checkoff Program. The number of soybean producers will be replaced with language that allows the Secretary of Agriculture (Secretary) to update this number based on information provided by USDA. Additionally, this action would remove specific USDA and Farm Service Agency (FSA) Web site and office addresses and replace them with more flexible language. These changes will enable AMS to announce future Requests for Referendum without engaging in additional notice-and-comment rulemaking. This rule also serves as AMS' official notice that soybean producers may request a referendum to determine if producers want a referendum on the Soybean Promotion and Research Order (Order), as authorized under the Soybean Promotion, Research, and Consumer Information Act (Act). If at least 10 percent (not in excess of one- fifth of which may be producers in any one State) of eligible producers, as determined by USDA, participate in the Request for Referendum, a referendum will be held within 1 year from that determination. If results of the Request for Referendum indicate that a referendum is not supported, a referendum would not be conducted. The results of the Request for Referendum will be published in the Federal Register.