[Federal Register Volume 72, Number 129 (Friday, July 6, 2007)]
[Proposed Rules]
[Pages 36900-36901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-13073]


 ========================================================================
 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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 

  Federal Register / Vol. 72, No. 129 / Friday, July 6, 2007 / Proposed 
Rules  

[[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: 
[email protected]; 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: 
[email protected].
    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: [email protected].

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

[[Page 36901]]

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