[Federal Register Volume 72, Number 85 (Thursday, May 3, 2007)]
[Proposed Rules]
[Pages 24553-24554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-8443]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 930

[Docket No. AMS-FV-06-0186; FV06-930-610 REVIEW]


Tart Cherries Grown in the States of Michigan, et al.; Section 
610 Review

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Confirmation of regulations.

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SUMMARY: This action summarizes the results under the criteria 
contained in section 610 of the Regulatory Flexibility Act (RFA), of an 
Agricultural Marketing Service (AMS) review of Marketing Order No. 930 
regulating the handling of tart cherries grown in the States of 
Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and 
Wisconsin.

ADDRESSES: Interested persons may obtain a copy of the review. Requests 
for copies should be sent to the Docket Clerk, Marketing Order 
Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 
Independence Avenue, SW., STOP 0237, Washington, DC 20250-0237; Fax: 
(202) 720-8938; or e-mail: [email protected]. The review may 
also be viewed online at: http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Patricia A. Petrella or Kenneth G. 
Johnson, Marketing Order Administration Branch, Fruit and Vegetable 
Programs, AMS, USDA, Unit 155, 4700 River Road, Riverdale, MD 20737; 
Telephone: (301) 734-5243, Fax: (301) 734-5275; or E-mail: 
[email protected] or [email protected].

SUPPLEMENTARY INFORMATION: Marketing Order 930, as amended (7 CFR part 
930), regulates the handling of tart cherries grown in the States of 
Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and 
Wisconsin. The marketing order is effective under the Agricultural 
Marketing Agreement Act of 1937 (Act), as amended (7 U.S.C. 601-674).
    The tart cherry marketing order establishes the Cherry Industry 
Administrative Board (Board) as the administrative body charged with 
overseeing program operations. Staff is hired to conduct the daily 
administration of the program. The Board consists of 18 producer and 
handler members, plus one member who represents the public. There are 
seven grower members and seven handler members, and four members that 
can be either growers or handlers. Each member has an alternate. 
Members and alternate members are elected through a mail balloting 
process.
    Currently, there are approximately 900 tart cherry growers and 
approximately 40 handlers. The majority of the growers and handlers may 
be classified as small entities. The regulations implemented under the 
order are applied uniformly to all size entities, and are designed to 
benefit all entities, regardless of size.
    AMS published in the Federal Register (64 FR 8014; February 18, 
1999), its plan to review certain regulations, including Marketing 
Order 930, under criteria contained in section 610 of the RFA (5 U.S.C. 
601-612). Updated plans were published in the Federal Register on 
January 4, 2002 (67 FR 525), August 14, 2003 (68 FR 48574), and again 
on March 24, 2006 (71 FR 14827). Accordingly, AMS published a notice of 
review and request for written comments on the tart cherry marketing 
order in the February 21, 2006, issue of the Federal Register (71 FR 
8810). The deadline for comments ended April 24, 2006. No comments were 
received.
    The review was undertaken to determine whether the tart cherry 
marketing order should be continued without change, amended, or 
rescinded to minimize the impacts on small entities. In conducting this 
review, AMS considered the following factors: (1) The continued need 
for the marketing order; (2) the nature of complaints or comments 
received from the public concerning the marketing order; (3) the 
complexity of the marketing order; (4) the extent to which the 
marketing order overlaps, duplicates, or conflicts with other Federal 
rules, and, to the extent feasible, with State and local governmental 
rules; and (5) the length of time since the marketing order has been 
evaluated or the degree to which technology, economic conditions, or 
other factors have changed in the area affected by the marketing order.
    The marketing order authorizes the following activities: Volume 
control in the form of free and restricted percentages and 
establishment of a reserve pool; production and processing

[[Page 24554]]

research, marketing research and development, and promotional 
activities; reporting requirements for collection and dissemination of 
production, shipment, and other marketing information; and quality 
control, including inspection requirements.
    The volume control provisions of the order have helped stabilize 
supplies and prices of tart cherries. Recently, a generic domestic 
promotion program has been implemented with the intent of increasing 
consumer demand. The compilation and dissemination of aggregate 
statistical information collected from handlers is used by the industry 
to make informed production and marketing decisions.
    Minimum quality standards and inspection requirements, and 
production and marketing research, have not been implemented by the 
industry but the marketing order contains provisions for such programs 
should the industry determine it would be beneficial to implement them. 
Funds to administer the marketing order are obtained from handler 
assessments.
    Based on the potential benefits of the marketing order to 
producers, handlers, and consumers, AMS has determined that the order 
should continue without change.
    In regard to complaints or comments received from the public 
regarding this review, USDA has not received any comments from 
interested parties on this action.
    In considering the order's complexity, AMS has determined that the 
marketing order is not unduly complex.
    During the review, the order was also checked for duplication and 
overlap with other regulations. AMS did not identify any relevant 
Federal rules, or State and local regulations that duplicate, overlap, 
or conflict with the marketing order for tart cherries.
    The marketing order was established in 1996. Since its inception, 
AMS and the tart cherry industry have continuously monitored its 
operations. Changes in regulations have been implemented to reflect 
current industry operating practices, and to solve marketing problems 
as they occur. The goal of these evaluations is to assure that the 
order and the regulations implemented under it fit the needs of the 
industry and are consistent with the Act.
    The Board meets whenever needed, but at least bi-annually, to 
discuss the marketing order and the various regulations issued 
thereunder, and to determine if, or what, changes may be necessary to 
reflect current industry practices. As a result, numerous regulatory 
changes have been made over the years to address industry operation 
changes and to improve program administration. The marketing order has 
been amended three times since its inception and several changes to the 
administrative rules and regulations have been implemented over the 
years to ensure the program continues to meet the industry's needs.
    Accordingly, AMS has determined that the tart cherry marketing 
order should be continued. The marketing order was established to help 
the tart cherry industry work with USDA to solve marketing problems. 
The marketing order continues to be beneficial to producers, handlers, 
and consumers.
    AMS will continue to work with the tart cherry industry in 
maintaining an effective program.

    Dated: April 27, 2007.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
 [FR Doc. E7-8443 Filed 5-2-07; 8:45 am]
BILLING CODE 3410-02-P