Federal Register / Vol. 75, No. 238 / Monday, December 13, 2010 / Proposed Rules 77563 

Any questions about the compliance 

guide should be sent to Antoinette 

Carter at the previously mentioned 

address in the FOR FURTHER INFORMATION

CONTACT section. 

A 30-day comment period is provided 

to allow interested persons to respond 

to this proposal. Thirty days is deemed 

appropriate because this rule should be 

in place prior to the 2011 harvesting 

season, which begins approximately 

May 1, 2011. All written comments 

timely received will be considered 

before a final determination is made on 

this matter. 

List of Subjects in 7 CFR Part 35 

Administrative practice and 

procedures, Exports, Grapes, Plums, 

Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, 7 CFR part 35 is proposed to 

be amended as follows: 

PART 35—EXPORT GRAPES AND 

PLUMS 

1. The authority citation for 7 CFR 

part 35 continues to read as follows: 

Authority: 48 Stat. 734; 7 U.S.C. 591–599. 

2. In § 35.11, paragraphs (a) and (b) 

are revised to read as follows: 

§ 35.11 Minimum requirements. 

* * * * * 

(a) Any such variety for export to 

destinations in Japan, Europe (defined 

to mean the following countries: 

Albania, Austria, Belgium, Bosnia, 

Bulgaria, Croatia, Czech Republic, 

Denmark, England, Finland, France, 

Germany, Greece, Herzegovina, 

Hungary, Iceland, Ireland, Italy, 

Liechtenstein, Luxembourg, Macedonia, 

Montenegro, Netherlands, Northern 

Ireland, Norway, Poland, Portugal, 

Romania, Scotland, Serbia, Slovenia, 

Spain, Sweden, Switzerland, Wales), or 

Greenland shall meet each applicable 

minimum requirement of the U.S. Fancy 

Table grape grade as specified in the 

U.S. Standards for Grades of Table 

Grapes (European or Vinifera Type) 

(§§ 51.880–51.912 of this title). The 

Black Corinth variety shall be exempt 

from bunch and berry size requirements. 

(b) Any such variety for export to any 

foreign destination, other than 

destinations in Japan, Europe, 

Greenland, Canada, or Mexico, shall 

meet each applicable minimum 

requirement of the U.S. No. 1 Table 

grape grade as specified in the U.S. 

Standards for Grades of Table Grapes 

(European or Vinifera Type) (§§ 51.880– 

51.912 of this title), except that an 

additional 2 percent tolerance for sealed 

berry cracks on the Ribier variety is 

allowed. The Black Corinth variety shall 

be exempt from bunch and berry size 

requirements. 

* * * * * 

Dated: December 7, 2010. 

Craig Morris, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2010–31197 Filed 12–10–10; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Parts 916 and 917 

[Doc. No. AMS–FV–10–0084; FV10–916/917– 

3 CR] 

Nectarines, Pears, and Peaches Grown 

in California; Continuance Referenda 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Referenda order. 

SUMMARY: This document directs that 

referenda be conducted among eligible 

California nectarine, pear, and peach 

growers to determine whether they favor 

continuance of the marketing orders 

regulating the handling of nectarines, 

pears, and peaches grown in California. 

DATES: The referenda will be conducted 

from January 12 through February 2, 

2011. To vote in these referenda, 

growers must have produced nectarines, 

pears, or peaches in California during 

the period April 1, 2010, through 

November 30, 2010. 

ADDRESSES: Copies of the marketing 

orders may be obtained from the 

California Marketing Field Office, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, United States Department of 

Agriculture, 2202 Monterey Street, Suite 

102B, Fresno, California 93721–3129, or 

the Office of the Docket Clerk, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, 1400 Independence 

Avenue, SW., STOP 0237, Washington, 

DC 20250–0237. 

FOR FURTHER INFORMATION CONTACT: Jerry 

L. Simmons, Marketing Specialist, or 

Kurt J. Kimmel, Regional Manager, 

California Marketing Field Office, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA; Telephone: (559) 487– 

5901, Fax: (559) 487–5906; or e-mail: 

Jerry.Simmons@ams.usda.gov or 

Kurt.Kimmel@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: Pursuant 

to Marketing Order Nos. 916 and 917 (7 

CFR parts 916 and 917), hereinafter 

referred to as the ‘‘orders,’’ and the 

applicable provisions of the Agricultural 

Marketing Agreement Act of 1937, as 

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

referred to as the ‘‘Act,’’ it is hereby 

directed that referenda be conducted to 

ascertain whether continuance of the 

orders is favored by growers. The 

referenda shall be conducted from 

January 12 through February 2, 2011, 

among eligible California nectarine, 

pear, and peach growers. Only growers 

that were engaged in the production of 

nectarines, pears, or peaches in 

California during the period of April 1, 

2010, through November 30, 2010, may 

participate in the continuance 

referenda. 

Although pears are included under 

the provisions of M.O. 917, those 

provisions have been suspended since 

April 1994. Since that time, the pear 

industry has been regulated by a State 

marketing order. If the results of the 

pear referendum do not favor 

continuance, the pear order will be 

terminated. Otherwise, this suspension 

will remain in effect unless the pear 

industry recommends reactivation or 

termination of the Federal program. 

Referendum requirements for the 

most recent cycle of continuance 

referenda were suspended by USDA 

because the orders were being amended 

at the time (72 FR 12038, March 15, 

2007). USDA determined that it would 

be appropriate to allow the amended 

orders to operate for a period of time 

before asking growers to vote on 

continuance of the programs. The 

referenda ordered herein will thus be 

the first conducted since the orders 

were amended in 2006 (71 FR 41345, 

July 21, 2006). 

USDA has determined that 

continuance referenda are an effective 

means for determining whether growers 

favor the continuation of marketing 

order programs. USDA would consider 

terminating the orders if fewer than twothirds of the growers voting in the 

referenda or growers of less than twothirds of the volume of California 

nectarines, pears, and peaches 

represented in the referenda favor 

continuance of their programs. In 

evaluating the merits of continuance 

versus termination, USDA will consider 

the results of the continuance referenda 

and all other relevant information 

regarding operation of the orders. USDA 

will evaluate the orders’ relative 

benefits and disadvantages to growers, 

handlers, and consumers to determine 

whether continuing the orders would 

tend to effectuate the declared policy of 

the Act. 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
77564 Federal Register / Vol. 75, No. 238 / Monday, December 13, 2010 / Proposed Rules 

In accordance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

chapter 35), the ballot materials used in 

the referenda herein ordered have been 

approved by the Office of Management 

and Budget (OMB), under OMB No. 

0581–0189, ‘‘Generic Fruit Crops.’’ It has 

been estimated that it will take an 

average of 20 minutes for each of the 

approximately 950 growers of California 

nectarines, pears, and peaches to cast a 

ballot. Participation is voluntary. Ballots 

postmarked after February 2, 2011, will 

not be included in the vote tabulation. 

Jerry L. Simmons and Terry J. Vawter 

of the California Marketing Field Office, 

Fruit and Vegetable Programs, AMS, 

USDA, are hereby designated as the 

referenda agents of the Secretary of 

Agriculture to conduct these referenda. 

The procedure applicable to the 

referenda shall be the ‘‘Procedure for the 

Conduct of Referenda in Connection 

With Marketing Orders for Fruits, 

Vegetables, and Nuts Pursuant to the 

Agricultural Marketing Agreement Act 

of 1937, as Amended’’ (7 CFR 900.400– 

900.407). 

Ballots will be mailed to all growers 

of record and may also be obtained from 

the referenda agents or from their 

appointees. 

List of Subjects 

7 CFR Part 916 

Marketing agreements and orders, 

Nectarines, Reporting and 

recordkeeping requirements. 

7 CFR Part 917 

Marketing agreements and orders, 

Peaches, Pears, Reporting and 

recordkeeping requirements. 

Authority: 7 U.S.C. 601–674. 

Dated: December 7, 2010. 

Craig Morris, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2010–31201 Filed 12–10–10; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 930 

[Doc. No. AMS–FV–10–0081; FV10–930–4 

PR] 

Tart Cherries Grown in the States of 

Michigan, et al.; Final Free and 

Restricted Percentages for the 2010– 

2011 Crop Year for Tart Cherries 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Proposed rule. 

SUMMARY: This rule invites comments 

on the establishment of final free and 

restricted percentages for the 2010–2011 

crop year. The percentages are 58 

percent free and 42 percent restricted 

and will establish the proportion of 

cherries from the 2010 crop which may 

be handled in commercial outlets. The 

percentages are intended to stabilize 

supplies and prices, and strengthen 

market conditions. The percentages 

were recommended by the Cherry 

Industry Administrative Board (Board), 

the body that locally administers the 

marketing order. The marketing order 

regulates the handling of tart cherries 

grown in the States of Michigan, New 

York, Pennsylvania, Oregon, Utah, 

Washington, and Wisconsin. 

DATES: Comments must be received by 

January 12, 2011. 

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 docket number and 

the date and page number of this issue 

of the Federal Register and will be 

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: 

Kenneth G. Johnson, Marketing Order 

Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA, Unit 

155, 4700 River Road, Riverdale, MD 

20737; telephone: (301) 734–5245, Fax: 

(301) 734–5275; E-mail: 

Kenneth.Johnson@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 

proposed rule is issued under Marketing 

Agreement and Order No. 930 (7 CFR 

part 930), regulating the handling of tart 

cherries produced in the States of 

Michigan, New York, Pennsylvania, 

Oregon, Utah, Washington, and 

Wisconsin, 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 

(Department) is issuing this rule in 

conformance with Executive Order 

12866. 

This proposal has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. Under the marketing 

order provisions now in effect, final free 

and restricted percentages may be 

established for tart cherries handled by 

handlers during the crop year. This 

proposed rule would establish final free 

and restricted percentages for tart 

cherries for the 2010–2011 crop year, 

beginning July 1, 2010, through June 30, 

2011. 

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 the Secretary 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 exempt therefrom. Such 

handler is afforded the opportunity for 

a hearing on the petition. After the 

hearing, the Secretary 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 in 

equity to review the Secretary’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 order prescribes procedures for 

computing an optimum supply and 

preliminary and final percentages that 

establish the amount of tart cherries that 

can be marketed throughout the season. 

The regulations apply to all handlers of 

tart cherries that are in the regulated 

districts. Tart cherries in the free 

percentage category may be shipped 

immediately to any market, while 

restricted percentage tart cherries must 

be held by handlers in a primary or 

secondary reserve, or be diverted in 

accordance with § 930.59 of the order 

and § 930.159 of the regulations, or used 

for exempt purposes (to obtain diversion 

credit) under § 930.62 of the order and 

§ 930.162 of the regulations. The 

regulated Districts proposed for the 

2010–2011 crop year are: District twoCentral Michigan; District three— 

Southern Michigan; District four—New 

York; District seven—Utah; District 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1