Federal Register/Vol. 73, No. 42/Monday, March 3, 2008/Rules
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11328 Federal Register / Vol. 73, No. 42 / Monday, March 3, 2008 / Rules and Regulations 70240). Copies of the rule were mailed Dated: February 27, 2008. §§ 984.7, 984.13, 984.14, 984.15, 984.21, or sent via facsimile to all Board Lloyd C. Day, 984.22, 984.42, 984.46, 984.48, 984.50, members and tart cherry handlers. Administrator, Agricultural Marketing 984.51, 984.52, 984.59, 984.67, 984.69, Finally, the rule was made available Service. 984.70, 984.71, 984.73 and 984.89, through the Internet by USDA and the [FR Doc. E8–4008 Filed 2–29–08; 8:45 am] which are effective September 1, 2008. Office of the Federal Register. A 30-day BILLING CODE 3410–02–P FOR FURTHER INFORMATION CONTACT: comment period ending on January 10, Melissa Schmaedick, Marketing Order 2008, was provided to allow interested Administration Branch, Fruit and persons to respond to the proposal. No DEPARTMENT OF AGRICULTURE Vegetable Programs, Agricultural comments were received. Marketing Service, USDA, Northwest Agricultural Marketing Service Marketing Field Office, 1220 S.W. Third After consideration of all relevant Avenue, Room 385, Portland, Oregon matter presented, including the 7 CFR Part 984 97204; telephone: (503) 326–2724, Fax: information and recommendation [Docket No. AO–192–A7; AMS–FV–07–0004; (503) 326–7440, or e-mail: submitted by the Board and other FV06–984–1] [email protected]. available information, it is hereby found Small businesses may request that this rule, as hereinafter set forth, Walnuts Grown in California; Order information on this proceeding by will tend to effectuate the declared Amending Marketing Order and contacting Jay Guerber, Marketing Order policy of the Act. Agreement No. 984 Administration Branch, Fruit and It is further found that good cause Vegetable Programs, AMS, USDA, 1400 AGENCY: Agricultural Marketing Service, Independence Avenue, SW., Stop 0237, exists for not postponing the effective USDA. Washington, DC 20250–0237; telephone: date of this rule until 30 days after ACTION: Final rule. (202) 720–2491, fax: (202) 720–8938. publication in the Federal Register (5 SUPPLEMENTARY INFORMATION: Prior U.S.C. 553) because handlers are already SUMMARY: This rule amends the documents in this proceeding: Notice of shipping tart cherries from the 2007– marketing order for walnuts grown in Hearing issued on April 18, 2006, and 2008 crop and handlers need to be California. The amendments were proposed by the Walnut Marketing published in the April 24, 2006, issue of aware of this action as soon as possible. the Federal Register (71 FR 20902); a Further, handlers are aware of this rule, Board (Board), which is responsible for local administration of the order. The Recommended Decision issued on which was recommended at a public March 19, 2007, and published in the meeting. Also, a 30-day comment period amendments will: Change the marketing year; include ‘‘pack’’ as a handler March 27, 2007, issue of the Federal was provided for in the proposed rule function; restructure the Board and Register (72 FR 14368); and Secretary’s and no comments were received. revise nomination procedures; rename Decision and Referendum Order issued on July 9, 2007, and published in the List of Subjects in 7 CFR Part 930 the Board and add authority to change Board composition; modify Board July 13, 2007 issue of the Federal Marketing agreements, Reporting and meeting and voting procedures; add Register (72 FR 38498). This action is governed by the recordkeeping requirements, Tart authority for marketing promotion and provisions of sections 556 and 557 of cherries. paid advertising; add authority to accept title 5 of the United States Code and is voluntary financial contributions and to I For the reasons set forth in the therefore excluded from the carry over excess assessment funds; preamble, 7 CFR part 930 is amended as requirements of Executive Order 12866. broaden the scope of the quality control follows: provisions and add the authority to Preliminary Statement PART 930—TART CHERRIES GROWN recommend different regulations for This final rule was formulated on the IN THE STATES OF MICHIGAN, NEW different market destinations; add record of a public hearing held on May YORK, PENNSYLVANIA, OREGON, authority for the Board to appoint more 17 and 18, 2006, in Modesto, California. than one inspection service; replace UTAH, WASHINGTON, AND Notice of this hearing was issued April outdated order language with current WISCONSIN 18, 2006 and published in the Federal industry terminology; and other related Register on April 24, 2006 (71 FR amendments. I 1. The authority citation for 7 CFR 420902). The hearing was held to The Department of Agriculture part 930 continues to read as follows: consider the proposed amendment of (USDA) proposed three additional Marketing Order 984, hereinafter Authority: 7 U.S.C. 601–674. amendments: To establish tenure referred to as the ‘‘order.’’ limitations for Board members, to The hearing was held pursuant to the I 2. Section 930.256 is added to read as require that continuance referenda be provisions of the Agricultural Marketing follows: conducted on a periodic basis to Agreement Act of 1937, as amended (7 Note: This section will not appear in the ascertain producer support for the order, U.S.C. 601 et seq.), hereinafter referred Annual Code of Federal Regulations. and to make any necessary conforming to as the ‘‘Act,’’ and the applicable rules changes. of practice and procedure governing the § 930.256 Final free and restricted With the exception of the amendment formulation of marketing agreements percentages for the 2007–2008 crop year. to establish tenure limitations, all of the and marketing orders (7 CFR part 900). amendments were favored by walnut The notice of hearing contained order The final percentages for tart cherries growers in a mail referendum, held changes proposed by the Walnut handled by handlers during the crop August 1 through 17, 2007. The Marketing Board (Board), which is year beginning on July 1, 2007, which proposed amendments are intended to responsible for local administration of shall be free and restricted, respectively, improve the operation and functioning the order, and by the Agricultural are designated as follows: Free of the marketing order program. Marketing Service (AMS). percentage, 57 percent and restricted DATES: This rule is effective April 2, Upon the basis of evidence percentage, 43 percent. 2008, except for amendments to introduced at the hearing and the record VerDate Aug<31>2005 14:18 Feb 29, 2008 Jkt 214001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\03MRR1.SGM 03MRR1 rmajette on PROD1PC64 with RULES Federal Register / Vol. 73, No. 42 / Monday, March 3, 2008 / Rules and Regulations 11329 thereof, the Administrator of AMS on add a new paragraph (d) to § 984.35, such transfers. This will amend March 19, 2007, filed with the Hearing Walnut Marketing Board. § 984.59, Interhandler transfers. Clerk, U.S. Department of Agriculture, a 7. Add percentage requirements to 15. (b) Clarify that the Board may Recommended Decision and Board quorum and voting requirements, require reports from handlers or packers Opportunity to File Written Exceptions add authority for the Board to vote by that place California walnuts into the thereto by April 16, 2007. Fifteen ‘‘any other means of communication’’ stream of commerce. This will amend exceptions were filed during the (including facsimile) and add authority § 984.73, Reports of walnut receipts. exception period. for Board meetings to be held by 16. Update and simplify the language A Secretary’s Decision and telephone or by ‘‘any other means of in § 984.22, Trade demand, to state Referendum Order was issued on July 9, communication’’, providing that all ‘‘United States and its territories,’’ 2007, directing that a referendum be votes cast at such meetings shall be rather than name ‘‘Puerto Rico’’ and conducted during the period August 1 confirmed in writing. This will amend ‘‘The Canal Zone’’. through 17, 2007, among walnut § 984.45, Procedure, and will result in a 17. Add language to the order that growers to determine whether they conforming change in § 984.48 (a), would acknowledge that the Board may favored the proposed amendments to Marketing estimates and deliberate, consult, cooperate, and the order. To become effective, the recommendations. exchange information with the amendments had to be approved by at 8. Add authority to carry over excess California Walnut Commission. Any least two-thirds of those producers assessment funds. This will amend information sharing would be kept voting or by voters representing at least § 984.69, Assessments. confidential. This will add a new two-thirds of the volume of walnuts 9. Add authority to accept voluntary § 984.91, Relationship with the represented by voters voting in the financial contributions. This will add a California Walnut Commission. referendum. Voters voting in the new § 984.70, Contributions. 18. Require that continuance referendum favored all but one of the 10. Clarify that members and alternate referenda be conducted on a periodic proposed amendments. members may be reimbursed for basis to ascertain industry support for The amendments favored by voters expenses incurred while performing the order and add more flexibility in the and included in this order will: their duties and that reimbursement termination provisions. This will amend 1. Change the marketing year from includes per diem. This will amend § 984.89, Effective time and termination. August 1 through July 31 to September § 984.42, Expenses. The USDA proposal to authorize 1 through August 31. This will amend 11. Add authority for the Board to limitations on tenure failed to obtain the § 984.7, Marketing year, and will result appoint more than one inspection requisite number of votes needed, in in conforming changes being made to service as long as the functions number or in volume, to pass.