[Federal Register: July 6, 2007 (Volume 72, Number 129)]
[Proposed Rules]
[Page 36900-36901]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06jy07-17]
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Proposed Rules
Federal Register
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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.
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[[Page 36900]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 981
[Docket No. AO-214-A7; AMS-FV-07-0050; FV07-981-1]
Almonds Grown in California; Hearing on Proposed Amendment of
Marketing Order No. 981
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Notice of hearing on proposed rulemaking.
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SUMMARY: Notice is hereby given of a public hearing to receive evidence
on proposed amendments to Marketing Order No. 981 (order), which
regulates the handling of almonds grown in California. Two amendments
are proposed by the Almond Board of California (Board), which is
responsible for local administration of the order. The proposed
amendments would authorize establishment of container marking and
labeling requirements and authorize establishment of different outgoing
quality regulations for different markets. In addition, the
Agricultural Marketing Service (AMS) proposes to make any such changes
as may be necessary to the order or its administrative rules and
regulations to conform to any amendment that may result from the
hearing. The proposals are intended to provide additional flexibility
in administering the quality control provisions of the order and
provide the industry with additional tools to aid in the marketing of
almonds.
DATES: The hearing date is: August 2, 2007, 9 a.m. to 5 p.m.; and
continuing on August 3, 2007, at 9 a.m., if necessary, in Modesto,
California.
ADDRESSES: The hearing location is: Stanislaus County Farm Bureau, 1201
L Street, Modesto, California 95353.
FOR FURTHER INFORMATION CONTACT: Martin Engeler, Marketing Order
Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 2202
Monterey Street, Suite 102-B, Fresno, California 93721; Telephone:
(559) 487-5110, Fax: (559) 487-5906, or E-mail:
Martin.Engeler@usda.gov; or Kathleen M. Finn, Marketing Order
Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1400
Independence Avenue, SW., Stop 0237, Washington, DC 20250-0237;
Telephone: (202) 720-2491, Fax: (202) 720-8938, or E-mail:
Kathy.Finn@usda.gov.
Small businesses may request information on this proceeding by
contacting Jay Guerber, Marketing Order Administration Branch, Fruit
and Vegetable Programs, AMS, USDA, 1400 Independence Avenue, SW., Stop
0237, Washington, DC 20250-0237; Telephone: (202) 720-2491, Fax: (202)
720-8938, or E-mail: Jay.Guerber@usda.gov.
SUPPLEMENTARY INFORMATION: This administrative action is instituted
pursuant to the Agricultural Marketing Agreement Act of 1937, as
amended (7 U.S.C. 601-674), hereinafter referred to as the ``Act.''
This action is governed by the provisions of sections 556 and 557 of
title 5 of the United States Code and, therefore, is excluded from the
requirements of Executive Order 12866.
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) seeks to
ensure that within the statutory authority of a program, the regulatory
and informational requirements are tailored to the size and nature of
small businesses. Interested persons are invited to present evidence at
the hearing on the possible regulatory and informational impacts of the
proposals on small businesses.
The amendments proposed herein have been reviewed under Executive
Order 12988, Civil Justice Reform. They are not intended to have
retroactive effect. If adopted, the proposed amendments would not
preempt any State or local laws, regulations, or policies, unless they
present an irreconcilable conflict with the proposals.
The Act provides that administrative proceedings must be exhausted
before parties may file suit in court. Under section 608c(15)(A) of the
Act, any handler subject to an order may file with USDA a petition
stating that the order, any provision of the order, or any obligation
imposed in connection with the order is not in accordance with law and
request a modification of the order or to be exempted therefrom. A
handler is afforded the opportunity for a hearing on the petition. The
Act provides that the district court of the United States in any
district in which the handler is an inhabitant, or has his or her
principal place of business, has jurisdiction to review the USDA's
ruling on the petition, provided an action is filed not later than 20
days after the date of the entry of the ruling.
The hearing is called pursuant to the provisions of the Act and the
applicable rules of practice and procedure governing the formulation of
marketing agreements and orders (7 CFR part 900).
The proposed amendments were recommended by the Board and submitted
to USDA on March 12, 2007. After reviewing the proposals and other
information submitted by the Board, USDA made a determination to
schedule this matter for hearing.
The proposed amendments to the order recommended by the Board are
summarized as follows:
1. Amend the order by adding a new Sec. 981.43 to authorize
establishment of container marking or labeling requirements.
2. Amend the order by revising Sec. 981.42(b) of the order to
authorize establishment of different outgoing quality requirements for
different markets.
The Board works with USDA in administering the order. These
proposals submitted by the Board have not received the approval of
USDA. The Board believes that the proposed changes would provide
additional flexibility in administering the quality control provisions
of the order, and would enable the Board to establish regulations that
would address current and future industry needs for appropriate
container markings and quality standards. The proposed amendments are
intended to aid in the marketing of almonds and improve the operation
and administration of the order.
In addition to the proposed amendments to the order, AMS proposes
to make any such changes as may be necessary to the order or its
administrative rules and regulations to conform to any amendment that
may result from the hearing.
The public hearing is held for the purpose of: (i) Receiving
evidence about
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the economic and marketing conditions which relate to the proposed
amendments of the order; (ii) determining whether there is a need for
the proposed amendments to the order; and (iii) determining whether the
proposed amendments or appropriate modifications thereof will tend to
effectuate the declared policy of the Act.
Testimony is invited at the hearing on all the proposals and
recommendations contained in this notice, as well as any appropriate
modifications or alternatives.
All persons wishing to submit written material as evidence at the
hearing should be prepared to submit four copies of such material at
the hearing and should have prepared testimony available for
presentation at the hearing.
From the time the notice of hearing is issued and until the
issuance of a final decision in this proceeding, USDA employees
involved in the decisional process are prohibited from discussing the
merits of the hearing issues on an ex parte basis with any person
having an interest in the proceeding. The prohibition applies to
employees in the following organizational units: Office of the
Secretary of Agriculture; Office of the Administrator, AMS; Office of
the General Counsel, except any designated employee of the General
Counsel assigned to represent the Board in this proceeding; and the
Fruit and Vegetable Programs, AMS.
Procedural matters are not subject to the above prohibition and may
be discussed at any time.
List of Subjects in 7 CFR Part 981
Almonds, Marketing agreements, Nuts, Reporting and recordkeeping
requirements.
PART 981--ALMONDS GROWN IN CALIFORNIA
1. The authority citation for 7 CFR part 981 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
2. Testimony is invited on the following proposals or appropriate
alternatives or modifications to such proposals.
Proposals submitted by the Almond Board of California:
Proposal Number 1
3. Add Sec. 981.43 to read as follows:
Sec. 981.43 Marking or labeling of containers.
The Board may, with the approval of the Secretary, recommend
regulations to require handlers to mark or label the containers that
are used in packaging or handling almonds. Container means a box, bin,
bag, carton, or any other type of receptacle used in the packaging or
handling of almonds.
Proposal Number 2
4. Revise Sec. 981.42 by adding a new sentence at the end of
paragraph (b) to read as follows:
Sec. 981.42 Quality control.
* * * * *
(b) * * * The Board may, with the approval of the Secretary,
recommend different outgoing quality requirements for different
markets. Proposal submitted by USDA:
Proposal Number 3
Make such changes as may be necessary to the order or its
administrative rules and regulations to conform with any amendment that
may result from the hearing.
Dated: June 29, 2007.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. E7-13073 Filed 7-5-07; 8:45 am]
BILLING CODE 3410-02-P