[Federal Register Volume 68, Number 63 (Wednesday, April 2, 2003)]
[Proposed Rules]
[Page 15971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-7939]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 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.
 
 ========================================================================
 

  Federal Register / Vol. 68, No. 63 / Wednesday, April 2, 2003 / 
Proposed Rules  

[[Page 15971]]


-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 930

[Docket No. FV02-930-3 PR]


Tart Cherries Grown in the States of Michigan, et al.; Increased 
Assessment Rates; Withdrawal of a Proposed Rule

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Withdrawal of proposed rule.

-----------------------------------------------------------------------

SUMMARY: This action withdraws a proposed rule published in the Federal 
Register on June 10, 2002 (67 FR 39637), which would have increased the 
assessment rate for cherries that are utilized in the production of 
tart cherry products other than juice, juice concentrate, or puree from 
$0.00175 to $0.0021 per pound. It also would have increased the 
assessment rate for cherries utilized for juice, juice concentrate, or 
puree from $0.000875 to $0.00105 per pound. Both assessment rates would 
have applied to the 2002-2003 and subsequent fiscal periods. Since the 
proposed rule was published, the tart cherry marketing order was 
amended (August 8, 2002; 67 FR 51697). The provisions requiring the 
establishment of different assessment rates for different products were 
removed. In their place, the Cherry Industry Administrative Board 
(Board) is required to consider the volume of cherries used in making 
various products and the relative market value of those products in 
deciding whether the assessment rate should be a single, uniform rate 
applicable to all cherries or whether varying rates should be 
recommended for cherries manufactured into different products. At this 
time, it is the Board's intention to recommend one assessment rate 
applicable to all cherries so this action is no longer necessary.

DATES: The proposed rule published on June 10, 2002 (67 FR 39637) is 
withdrawn as of April 3, 2003.

FOR FURTHER INFORMATION CONTACT: Patricia A. Petrella or Kenneth G. 
Johnson, Marketing Order Administration Branch, Fruit and Vegetable 
Programs, AMS, USDA, Unit 155, Room 2A38, 4700 River Road, Riverdale, 
MD 20737, telephone: (301) 734-5243, or Fax: (301) 734-5275; or George 
Kelhart, Technical Advisor, Marketing Order Administration Branch, 
Fruit and Vegetable Programs, AMS, USDA, 1400 Independence Avenue, SW., 
Stop 0237, Washington, DC 20250-0237; telephone: (202) 720-2491, or 
Fax: (202) 720-8938.
    Small businesses may request information on complying with this 
regulation, or obtain a guide on complying with fruit, vegetable, and 
specialty crop marketing agreements and orders 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: [email protected].

SUPPLEMENTARY INFORMATION: This rule is issued under Marketing 
Agreement and Order No. 930 (7 CFR part 930), regulating the handling 
of tart cherries grown in the States of Michigan, New York, 
Pennsylvania, Oregon, Utah, Washington, and Wisconsin, hereinafter 
referred to as the ``order.'' The marketing agreement and order are 
effective under the Agricultural Marketing Agreement Act of 1937, as 
amended (7 U.S.C. 601-674), hereinafter referred to as the ``Act.''
    This action withdraws a proposed rule published in the Federal 
Register on June 10, 2002 (67 FR 39637), which would have increased the 
assessment rate for cherries that are utilized in the production of 
tart cherry products other than juice, juice concentrate, or puree from 
$0.00175 to $0.0021 per pound. It also would have increased the 
assessment rate for cherries utilized for juice, juice concentrate, or 
puree from $0.000875 to $0.00105 per pound. Both assessment rates would 
have applied to the 2002-2003 and subsequent fiscal periods.
    Since the proposed rule was published, the tart cherry marketing 
order was amended (August 8, 2002; 67 FR 51697). The provisions 
requiring the establishment of different assessment rates for different 
products were removed. The Cherry Industry Administrative Board (Board) 
now is required to consider the volume of cherries used in making 
various products and the relative market value of those products in 
deciding whether the assessment rate should be a single, uniform rate 
applicable to all cherries or whether varying rates should be 
recommended for cherries manufactured into different products. At this 
time, it is the Board's intention to recommend one assessment rate 
applicable to all cherries so this action is no longer necessary.
    Therefore, the proposed rule regarding an increase in the 
assessment rates for cherries published in the Federal Register on June 
10, 2002 (67 FR 39637), is hereby withdrawn.

List of Subjects in 7 CFR Part 930

    Marketing agreements, Reporting and recordkeeping requirements, 
Tart cherries.

    Authority: 7 U.S.C. 601-674.

    Dated: March 27, 2003.
A.J. Yates,
Administrator, Agricultural Marketing Service.
[FR Doc. 03-7939 Filed 4-1-03; 8:45 am]
BILLING CODE 3410-02-P