This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

4201 

Vol. 76, No. 16 

Tuesday, January 25, 2011 

DEPARTMENT OF AGRICULTURE 

Federal Crop Insurance Corporation 

7 CFR Part 457 

RIN 0563–AB96 

Common Crop Insurance Regulations, 

Macadamia Nut Crop Insurance 

Provisions; Correction 

AGENCY: Federal Crop Insurance 

Corporation, USDA. 

ACTION: Correcting amendment; 

correction. 

SUMMARY: This document contains 

corrections to the correcting amendment 

which was published September 27, 

2010 (75 FR 59057). The regulation, as 

here pertinent, related to the insurance 

of macadamia nuts. 

DATES: Effective Date: January 25, 2011. 

FOR FURTHER INFORMATION CONTACT: Erin 

Albright, Risk Management Specialist, 

Product Management, Product 

Administration and Standards Division, 

Risk Management Agency, United States 

Department of Agriculture, Beacon 

Facility, Stop 0812, Room 421, P.O. Box 

419205, Kansas City, MO 64141–6205, 

telephone (816) 926– 7730. 

SUPPLEMENTARY INFORMATION: 

Background 

The correcting amendment that is the 

subject of this correction revised the 

Macadamia Nut Crop Insurance 

Provisions to specify the correct crop 

year to which it was applicable. It was 

published September 27, 2010 (75 FR 

59057). 

Need for Correction 

As published, the Background of the 

correcting amendment contained an 

error which may prove to be misleading 

and which needs to be clarified. The 

sentence in the background stated ‘‘The 

2011 contract change date for the 

Macadamia Nut Crop Insurance 

Provisions is August 31, 2010, which is 

prior to April 30, 2011.’’ This sentence 

should have stated ‘‘The 2011 contract 

change date for the Macadamia Nut 

Crop Insurance Provisions is August 31, 

2009, which is prior to April 30, 2010.’’ 

Correction of Publication 

In FR Doc. 2010–23884, on page 

59057 in the issue of September 27, 

2010, make the following correction, in 

the SUPPLEMENTARY INFORMATION section. 

On page 59057 in the second column, 

correct the third sentence of the second 

paragraph in the Background section 

under ‘‘Need for Correction’’ to read: 

‘‘The 2011 contract change date for the 

Macadamia Nut Crop Insurance 

Provisions is August 31, 2009, which is 

prior to April 30, 2010.’’ 

Signed in Washington, DC, on January 14, 

2011. 

William J. Murphy, 

Manager, Federal Crop Insurance 

Corporation. 

[FR Doc. 2011–1423 Filed 1–24–11; 8:45 am] 

BILLING CODE 3410–08–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 920 

[Doc. No. AO–FV–08–0174; AMS–FV–08– 

0085; FV08–920–3 C] 

Kiwifruit Grown in California; Order 

Amending Marketing Order No. 920; 

Correction 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Correcting amendment. 

SUMMARY: This document contains a 

correction to the final rule that was 

published in the Federal Register on 

Tuesday, June 29, 2010 (75 FR 37288). 

The final rule amended Marketing Order 

No. 920 (order), which regulates the 

handling of kiwifruit grown in 

California. The amendments redefined 

the grower districts into which the 

production area is divided and 

reallocated committee membership 

among the districts. This rule corrects 

the final rule by removing order 

language regarding selection of members 

and alternates that was inadvertently 

kept in after the removal of the language 

as a conforming change was approved 

by growers in a referendum. 

DATES: Effective January 25, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Laurel May 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, E-mail: 

Laurel.May@ams.usda.gov or 

Kathy.Finn@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This 

document provides a correcting 

amendment to Marketing Order 920 (7 

CFR part 920). Specifically, this rule 

removes language from § 920.21—‘‘Term 

of Office’’ that refers to the selection of 

three committee members and alternates 

to represent the districts with the 

highest shipping volumes. 

The Kiwifruit Administrative 

Committee (committee) is comprised of 

eleven grower members and eleven 

alternates, as well as one public member 

and alternate. Prior to the recent order 

amendment, the regulated production 

area was divided into eight grower 

districts. One grower member and one 

alternate were selected to represent each 

of the eight districts on the committee. 

Three members and alternates were 

selected to provide additional 

representation for the three districts 

with the highest shipping volume. 

A final rule was published on June 29, 

2010 (75 FR 37288) that amended 

section 920.12 of the order to provide 

for only three grower districts, with all 

eleven grower member and alternate 

seats allocated among the districts based 

on production history. A conforming 

change was necessary in section 920.21, 

to delete references to additional 

members and alternates for the districts 

with the highest shipping volume as 

this was no longer relevant under the 

modified district makeup. Although this 

conforming change was approved, along 

with the district changes to section 

920.12, AMS inadvertently kept the 

language in 920.21 that was no longer 

relevant. This correcting amendment 

removes that language. 

List of Subjects in 7 CFR Part 920 

Kiwifruit, Marketing agreements, 

Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, 7 CFR part 920 is amended as 

follows: 


srobinson on DSKHWCL6B1PROD with RULES
4202 Federal Register / Vol. 76, No. 16 / Tuesday, January 25, 2011 / Rules and Regulations 

PART 920—KIWIFRUIT GROWN IN 

CALIFORNIA 

■ 1. The authority citation for 7 CFR 

part 920 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. Revise § 920.21 to read as follows: 

§ 920.21 Term of office. 

The term of office of each member 

and alternate member of the committee 

shall be for two years from the date of 

their selection and until their successors 

are selected. The terms of office shall 

begin on August 1 and end on the last 

day of July, or such other dates as the 

committee may recommend and the 

Secretary approve. Members may serve 

up to three consecutive 2-year terms not 

to exceed 6 consecutive years as 

members. Alternate members may serve 

up to three consecutive 2-year terms not 

to exceed 6 consecutive years as 

alternate members. 

Dated: January 19, 2011. 

Rayne Pegg, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2011–1426 Filed 1–24–11; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 927 

[Doc. No. AMS–FV–10–0072; FV10–927–1 

IR] 

Pears Grown in Oregon and 

Washington; Amendment To Allow 

Additional Exemptions 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Interim rule with request for 

comments. 

SUMMARY: This rule adds an exemption 

to the marketing order for OregonWashington pears that provides for the 

sale of fresh pears directly to consumers 

without regard to regulation. The 

marketing order regulates the handling 

of pears grown in Oregon and 

Washington. Local administration of the 

marketing order for the fresh pear 

industry is provided by the Fresh Pear 

Committee (Committee). For each 

customer, this rule exempts consumerdirect sales of up to 220 pounds of fresh 

pears per transaction, for home use 

only, made directly at orchards, packing 

facilities, roadside stands, or farmers’ 

markets without regard to the marketing 

order’s assessment, reporting, handling, 

and inspection requirements. This 

action is intended to provide regulatory 

flexibility to small pear handlers, while 

facilitating the sale of fresh, local pears 

directly to consumers. 

DATES: Effective January 26, 2011; 

comments received by March 28, 2011 

will be considered prior to issuance of 

a final rule. 

ADDRESSES: Interested persons are 

invited to submit written comments 

concerning this rule. Comments must 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 Internet: http:// 

www.regulations.gov. All comments 

should reference the document number 

and the date and page number of this 

issue of the Federal Register and will be 

made available for public inspection in 

the Office of the Docket Clerk during 

regular business hours, or can be viewed 

at: http://www.regulations.gov. All 

comments submitted in response to this 

rule will be included in the record and 

will be made available to the public. 

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: 

Teresa Hutchinson or Gary Olson, 

Northwest Marketing Field Office, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, Portland, Oregon; 

Telephone: (503) 326–2724, Fax: (503) 

326–7440, or E-mail: 

Teresa.Hutchinson@ams.usda.gov or 

GaryD.Olson@ams.usda.gov. 

Small businesses may request 

information on complying with this 

regulation by contacting Antoinette 

Carter, 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: 

Antoinette.Carter@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This rule 

is issued under Marketing Order No. 

927, as amended (7 CFR part 927), 

regulating the handling of pears grown 

in Oregon and Washington, hereinafter 

referred to as the ‘‘order.’’ The order is 

effective under the Agricultural 

Marketing Agreement Act of 1937, as 

amended (7 U.S.C. 601–674), hereinafter 

referred to as the ‘‘Act.’’ 

The Department of Agriculture 

(USDA) is issuing this rule in 

conformance with Executive Order 

12866. 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. This rule is not intended to 

have retroactive effect. 

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. After the hearing, USDA 

would rule 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 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. 

For each customer, this rule exempts 

consumer-direct sales of up to 220 

pounds of fresh pears per transaction, 

for home use only and made directly at 

orchards, packing facilities, roadside 

stands, or farmers’ markets without 

regard to the marketing order’s 

assessment, reporting, handling, and 

inspection requirements. This action is 

intended to provide regulatory 

flexibility to small pear handlers, while 

facilitating the sale of fresh, local pears 

directly to consumers. 

Section 927.65(a) provides the 

authority to exempt from regulation 

pears for consumption by charitable 

institutions and distribution by relief 

agencies. Section 927.65(b) provides the 

authority whereby certain quantities of 

pears or types of pear shipments may be 

exempted from any or all provisions of 

the order. 

On April 22, 2010, the Committee 

unanimously recommended adding an 

exemption to the order for the sale of 

small quantities of home-use only pears 

directly to consumers. Other 

exemptions under the order include 

§ 927.120 which provides for the 

regulation free distribution of pears for 

charitable or by-product use, and 

§ 927.121, which provides an exemption 

for mail order sales of gift packages that 

are shipped directly to consumers. In 

order to facilitate the direct sale of local, 

fresh pears to consumers while relaxing 

the regulatory burden on small 

handlers, the Committee believes that 

specified quantities of pears sold at 

orchards, packing facilities, roadside 

stands, and farmers’ markets should also 

be exempt from regulation. 

Some grower handlers have 

traditionally sold a portion of their pear 

harvest directly to consumers from their 


srobinson on DSKHWCL6B1PROD with RULES