[Federal Register Volume 87, Number 119 (Wednesday, June 22, 2022)]
[Proposed Rules]
[Page 37240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13311]


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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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  Federal Register / Vol. 87, No. 119 / Wednesday, June 22, 2022 / 
Proposed Rules  

[[Page 37240]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 981

[Doc. No. AMS-SC-21-0076; SC21-981-1 PR]


Modification of Marketing Order Regulations for Almonds Grown in 
California

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule; reopening of comment period.

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SUMMARY: The Agricultural Marketing Service (AMS) is providing an 
additional fifteen (15) days for public comments on the proposed rule 
that would amend the Federal marketing order regulating the handling of 
almonds grown in California. Based on recommendations from the Almond 
Board of California (Board), the proposed rule would modify to make 
changes to multiple provisions in the administrative requirements. 
Comments are solicited from all stakeholders on the process the Board 
effectuated to develop recommendations and the substance of the 
rulemaking action.

DATES: For the proposed rule published on February 22, 2022 (87 FR 
6455), comments must be received by July 7, 2022.

ADDRESSES: Interested persons are invited to submit written comments 
concerning this proposed rule. Comments must be sent to the Docket 
Clerk, Market Development Division, Specialty Crops Program, AMS, USDA, 
1400 Independence Avenue SW, STOP 0237, Washington, DC 20250-0237; Fax: 
(202) 720-8938; or internet: https://www.regulations.gov. Comments 
should reference the document number and the date and page number of 
this issue and the February 22, 2022 (87 FR 9455) issue of the Federal 
Register. The comments will be made available for public inspection in 
the Office of the Docket Clerk during regular business hours or can be 
viewed at: https://www.regulations.gov. All comments submitted in 
response to this proposed rule will be included in the record. Please 
be advised that the identity of the individuals or entities submitting 
the comments will be made public on the internet at the address 
provided above.

FOR FURTHER INFORMATION CONTACT: Peter Sommers, Marketing Specialist, 
or Gary Olson, Regional Director, Western Region Office, Market 
Development Division, Specialty Crops Program, AMS, USDA; Telephone: 
(559) 487-5901, Fax: (559) 487-5906, or Email: [email protected] 
or [email protected].
    Small businesses may request information on complying with this 
regulation by contacting Richard Lower, Market Development Division, 
Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW, STOP 
0237, Washington, DC 20250-0237; Telephone: (202) 720-2491, Fax: (202) 
720-8938, or Email: [email protected].

SUPPLEMENTARY INFORMATION: A proposed rule published in the Federal 
Register on February 22, 2022, (87 FR 6455) would amend administrative 
requirements in the Order regulating the roadside stand exemption, 
credit for market promotion activities (credit-back), quality control, 
exempt dispositions, and interest and late charges provisions. The 
proposed rule allowed a 60-day comment period that ended April 25, 
2022.
    Prior to the end of the initial comment period, USDA received 
comments that called into question the process that effectuated the 
proposed rule. Specifically, the comments said that the recommended 
modification to 7 CFR 981.441, the administrative requirements for the 
credit-back provision, was not approved by the Board and was 
recommended to USDA without Board knowledge.
    A review of Board proceedings and meeting minutes shows that the 
provision was approved by the Board. During the June 17, 2021 Board 
meeting, the Global Market Development Committee presented the 
suggested changes to section 981.441 for consideration. The Board voted 
unanimously to approve. Subsequently, meeting minutes indicating this 
approval were unanimously approved by the Board in an email vote sent 
out on July 26, 2021.
    The authority to allow for credit-back is found at 7 CFR 981.41(c), 
``Research and Development; Creditable expenditures,'' while 
regulations implementing this authority are found at 7 CFR 981.441 
``Credit for market promotion activities, including paid advertising.'' 
Section 981.441, added in 1994, has been previously amended twice (1999 
and 2005).
    AMS is reopening the comment period for 15 days to allow for any 
additional comments on the proposed amendments to the regulations. 
Specifically, AMS is looking for comments on provisions related to 
credit-back administrative requirements to determine support for the 
changes. AMS is also looking for further comment on perceived issues 
related to the formulation of the recommendation for that provision. 
Accordingly, the comment period is hereby reopened until July 7, 2022.

Erin Morris,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2022-13311 Filed 6-21-22; 8:45 am]
BILLING CODE P