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.

Proposed Rules Federal Register

31759 

Vol. 72, No. 110 

Friday, June 8, 2007 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 981 

[Docket No. AMS–FV–07–0051; FV07–981– 

2 PR] 

Almonds Grown in California; Change 

in Requirements for Interhandler 

Transfers of Almonds and Request for 

Approval of New Information 

Collection 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Proposed rule. 

SUMMARY: This rule invites comments 

on revising the requirements for 

interhandler transfers of almonds under 

the administrative rules and regulations 

of the California almond marketing 

order (order). The order regulates the 

handling of almonds grown in 

California and is administered locally 

by the Almond Board of California 

(Board). This rule would require 

handlers who transfer almonds to other 

handlers to report to the Board whether 

or not the almonds were treated to 

achieve a 4-log reduction in Salmonella 

bacteria (Salmonella). This action 

would help the Board track treated and 

untreated almonds and facilitate 

administration of its mandatory 

Salmonella treatment program. This 

proposal also announces the 

Agricultural Marketing Service’s (AMS) 

intention to request approval of a new 

information collection issued under the 

order. 

DATES: Comments must be received by 

August 7, 2007. Pursuant to the 

Paperwork Reduction Act, comments on 

information collection burden that 

would result from this proposal must be 

received by August 7, 2007. 

ADDRESSES: Interested persons are 

invited to submit written comments 

concerning this proposal. 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. 

FOR FURTHER INFORMATION CONTACT: 

Maureen T. Pello, Assistant Regional 

Manager, 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: 

Maureen.Pello@usda.gov, or 

Kurt.Kimmel@usda.gov. 

Small businesses may request 

information on complying with this 

regulation 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: 

Jay.Guerber@usda.gov. 

SUPPLEMENTARY INFORMATION: This 

proposed rule is issued under Marketing 

Order No. 981, as amended (7 CFR part 

981), regulating the handling of almonds 

grown in California, 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. This rule will 

not preempt any State or local laws, 

regulations, or policies, unless they 

present an irreconcilable conflict with 

this rule. 

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. Such 

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. 

This proposed rule invites comments 

on revising the requirements for 

interhandler transfers of almonds under 

the administrative rules and regulations 

of the order. This rule would require 

handlers who transfer almonds to other 

handlers to report to the Board whether 

or not the almonds were treated to 

achieve a 4-log reduction in Salmonella. 

A mandatory treatment program to 

reduce the potential for Salmonella in 

almonds will take effect in September 

2007. This action would enable the 

Board to track treated and untreated 

almonds and help facilitate 

administration of its mandatory 

treatment program. This action was 

unanimously recommended by the 

Board at a meeting on March 28, 2007. 

Section 981.55 of the order provides 

authority for handlers to, upon notice to 

and under supervision of the Board, 

transfer almonds to another handler. 

Marketing order obligations regarding 

volume regulation, when in effect, and 

assessments must be fully met and may 

be divided between the participating 

handlers. Section 981.455 requires 

handlers to report to the Board on ABC 

Form No. 7, ‘‘Interhandler Transfer of 

Almonds,’’ information regarding 

interhandler transfers. Paragraph (a) of 

that section currently requires the 

following information: (1) Date of 

transfer; (2) the names and plant 

locations of both the transferring and 

receiving handlers; (3) the variety of 

almonds transferred; (4) whether the 

almonds are shelled or unshelled; and 

(5) the name of the handler assuming 

reserve and assessment obligations on 

the almonds transferred. 

In August 2006, the Board 

recommended a mandatory treatment 

program to reduce the potential for 

Salmonella in almonds. USDA engaged 

in informal rulemaking to implement 

the program. A final rule was published 


pwalker on PROD1PC71 with PROPOSALS
31760 Federal Register / Vol. 72, No. 110 / Friday, June 8, 2007 / Proposed Rules 

on March 30, 2007 (61 FR 15021). 

Beginning in September 2007, handlers 

must subject their almonds to a process 

that achieves a 4-log reduction in 

Salmonella prior to shipment. The 

program exempts untreated almonds 

that are shipped to manufacturers in the 

U.S., Canada, and Mexico who agree to 

treat the almonds and untreated 

almonds that are shipped outside the 

U.S., Canada, and Mexico. 

To help track treated and untreated 

almonds, the Board met in March 2007 

and recommended revising the order’s 

administrative rules and regulations to 

require handlers to report to the Board 

whether or not almonds transferred to 

other handlers were treated under the 

mandatory treatment program. Handlers 

would also have to include an 

identification number for each lot 

transferred. This number could be a 

contract number or other unique 

handler number that could identify the 

lot. Under the mandatory Salmonella 

treatment program, handler records 

must provide the ability to differentiate 

treated from untreated almonds 

(§ 981.442(b)(5)). Requiring handlers to 

provide lot identification numbers on 

their interhandler transfer forms would 

complement this requirement. These 

changes to the interhandler transfer 

requirements would help facilitate 

administration of the mandatory 

Salmonella treatment program. 

Paragraph (a) in § 981.455 is proposed to 

be revised accordingly. 

Initial Regulatory Flexibility Analysis 

Pursuant to requirements set forth in 

the Regulatory Flexibility Act (RFA), the 

Agricultural Marketing Service (AMS) 

has considered the economic impact of 

this rule on small entities. Accordingly, 

AMS has prepared this initial regulatory 

flexibility analysis. 

The purpose of the RFA is to fit 

regulatory actions to the scale of 

business subject to such actions in order 

that small businesses will not be unduly 

or disproportionately burdened. 

Marketing orders issued pursuant to the 

Act, and the rules issued thereunder, are 

unique in that they are brought about 

through group action of essentially 

small entities acting on their own 

behalf. Thus, both statutes have small 

entity orientation and compatibility. 

There are approximately 6,000 

producers of almonds in the production 

area and approximately 115 handlers 

subject to regulation under the 

marketing order. Small agricultural 

producers are defined by the Small 

Business Administration (13 CFR 

121.201) as those having annual receipts 

of less than $750,000, and small 

agricultural service firms are defined as 

those whose annual receipts are less 

than $6,500,000. 

Data for the most recently completed 

crop year indicate that about 52 percent 

of the handlers shipped under 

$6,500,000 worth of almonds. Dividing 

the average almond crop value for 2003–

2005 reported by the National 

Agricultural Statistics Service ($2.043 

billion) by the number of producers 

(6,000) yields an average annual 

producer revenue estimate of about 

$340,000. Based on the foregoing, about 

half of the handlers and a majority of 

almond producers may be classified as 

small entities. 

This rule would revise § 981.455(a) of 

the order’s administrative rules and 

regulations to require handlers who 

transfer almonds to other handlers to 

report to the Board whether or not the 

almonds were treated to achieve a 4-log 

reduction in Salmonella. A mandatory 

treatment program to reduce the 

potential for Salmonella in almonds 

will take effect in September 2007. This 

action would help the Board track 

treated and untreated almonds and help 

ensure the integrity of its mandatory 

program. Authority for this change is 

provided in §§ 981.55 of the order. 

Regarding the impact of this action on 

affected entities, it would merely 

require handlers who transfer almonds 

to other handlers to indicate on ABC 

Form No. 7, ‘‘Interhandler Transfer of 

Almonds,’’ whether or not the almonds 

were treated to achieve a 4-log reduction 

in Salmonella. Handlers would also be 

required to include a lot identification 

number for each lot transferred. 

Regarding alternatives to this action, 

the Board considered not requiring 

handlers to report whether their 

transferred almonds were treated to 

achieve a 4-log reduction in Salmonella. 

However, this would not allow the 

Board to track treated and untreated 

almonds. Thus, the Board unanimously 

recommended revising the requirements 

regarding interhandler transfers of 

almonds. 

This action would slightly modify the 

reporting requirements for all California 

almond handlers. All handlers must 

currently report their interhandler 

transfers to the Board on ABC Form No. 

7, ‘‘Interhandler Transfer of Almonds.’’

This form is currently approved by the 

Office of Management and Budget 

(OMB) under OMB No. 0581–0178, 

Vegetable and Specialty Crops. This rule 

would require that two extra columns be 

added to this form. One column would 

allow handlers to indicate whether or 

not the transferred almonds were treated 

to achieve a 4-log reduction in 

Salmonella. The second column would 

provide for inclusion of a lot 

identification number for tracking 

purposes. The revised form is being 

submitted to the OMB for approval 

under OMB No. 0581–NEW. Once 

approved, this information collection 

will be merged into OMB No. 0581–

0178. Specific burden information is 

detailed later in this document in the 

section titled Paperwork Reduction Act. 

USDA has not identified any relevant 

Federal rules that duplicate, overlap or 

conflict with this rule. As with all 

Federal marketing order programs, 

reports and forms are periodically 

reviewed to reduce information 

requirements and duplication by the 

industry and public sector agencies. 

Additionally, the meetings were 

widely publicized throughout the 

California almond industry and all 

interested persons were invited to 

attend the meetings and participate in 

deliberations on all issues. The Board’s 

Food Quality and Safety Committee 

discussed this issue on January 30, 

2007. The committee recommended the 

change to the Board on March 28, 2007. 

Both of these meetings were public 

meetings and all entities, both large and 

small, were able to express views on 

this issue. Finally, interested persons 

are invited to submit information on the 

regulatory and informational impacts of 

this action on small businesses. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: http://www.ams.usda.gov/ 

fv/moab.html. Any questions about the 

compliance guide should be sent to Jay 

Guerber at the previously mentioned 

address in the FOR FURTHER INFORMATION

CONTACT section. 

A 60-day comment period is provided 

for interested persons to comment on 

this proposal. All written comments 

received will be considered before a 

final determination is made on this 

matter. 

Paperwork Reduction Act 

In accordance with the Paperwork 

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

Chapter 35), the AMS announces its 

intention to request approval of a new 

information collection under the 

marketing order for California almonds. 

This new collection is a modification of 

currently approved ABC Form 7, 

‘‘Interhandler Transfer of Almonds,’’

under OMB No. 0581–0178, Vegetable 

and Specialty Crops. Upon approval, 

this information collection will be 

merged into OMB No. 0581–0178. 

Title: Almonds Grown in California, 

Marketing Order No. 981. 

OMB No.: 0581–NEW. 

Expiration Date of Approval: 3 years 

from OMB date of approval. 


pwalker on PROD1PC71 with PROPOSALS
Federal Register / Vol. 72, No. 110 / Friday, June 8, 2007 / Proposed Rules 31761 

Type of Request: New collection. 

Abstract: The information collection 

requirement in this request is essential 

to carry out the intent of the Act, to 

provide the respondents the type of 

service they request, and to administer 

the California almond marketing order 

program, which has been operating 

since 1950. 

The Board met on March 28, 2007, 

and unanimously recommended 

revising the requirements for 

interhandler transfers of almonds 

whereby handlers who transfer almonds 

to other handlers would have to report 

to the Board whether or not the almonds 

were treated to achieve a 4-log reduction 

in Salmonella. A mandatory treatment 

program to reduce the potential for 

Salmonella in almonds will take effect 

in September 2007. This action would 

enable the Board to track treated and 

untreated almonds and help facilitate 

administration of its mandatory 

treatment program. This document 

concerns the reporting requirements 

regarding this change. 

This information collection is only 

used by authorized representatives of 

USDA, including AMS, Fruit and 

Vegetable Programs regional and 

headquarters’ staff, and authorized 

employees and agents of the Board. 

Authorized Board employees, agents, 

and the industry are the primary users 

of the information and AMS is the 

secondary user. 

ABC Form No. 7 Interhandler Transfer 

of Almonds 

Estimate of Burden: Public reporting 

burden for this collection of information 

is estimated to be 0.5 hour per response. 

Respondents: Almond handlers. 

Estimated Number of Respondents: 

50. 

Estimated Number of Responses per 

Respondent: 5. 

Estimated Total Annual Burden on 

Respondents: 125 per year. 

Comments: Comments are invited on: 

(1) Whether the proposed collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information will have practical utility; 

(2) the accuracy of the agency’s estimate 

of the burden of the proposed collection 

of information, including the validity of 

the methodology and assumptions used; 

(3) ways to enhance the quality, utility, 

and clarity of the information to be 

collected; and (4) ways to minimize the 

burden of the collection of information 

on those who are to respond, including 

the use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology. 

Comments should reference OMB No. 

0581–NEW and the California almond 

marketing order, and be sent to the 

USDA in care of the Docket Clerk at the 

address above. All comments received 

will be available for public inspection 

during regular business hours at the 

same address. All responses to this 

notice will be summarized and included 

in the request for OMB approval. All 

comments will also become a matter of 

public record. 

The AMS is committed to complying 

with the E-Government Act, to promote 

the use of the Internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. 

A 60-day comment period is provided 

to allow interested persons to comment 

on this proposed information collection. 

List of Subjects in 7 CFR Part 981 

Almonds, Marketing agreements, 

Nuts, Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, 7 CFR part 981 is proposed to 

be amended as follows: 

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. Section 981.455 is amended by 

revising paragraph (a) to read as follows: 

§ 981.455 Interhandler transfers. 

(a) Transfers of almonds. Interhandler 

transfers of almonds pursuant to 

§ 981.55 shall be reported to the Board 

on ABC Form 7. The report shall 

contain the following information: 

(1) Date of transfer; 

(2) The names, and plant locations of 

both the transferring and receiving 

handlers; 

(3) The variety of almonds transferred; 

(4) Whether the almonds are shelled 

or unshelled; 

(5) The name of the handler assuming 

reserve and assessment obligations on 

the almonds transferred; 

(6) Whether the almonds had been 

treated to achieve a 4-log reduction in 

Salmonella bacteria, pursuant to 

§ 981.442(b); and 

(7) A unique handler identification 

number for each lot. 

* * * * * 

Dated: June 4, 2007. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 07–2837 Filed 6–5–07; 9:48 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2007–28370; Directorate 

Identifier 2003–NM–239–AD] 

RIN 2120–AA64 

Airworthiness Directives; Goodrich 

Evacuation Systems Approved Under 

Technical Standard Order (TSO), TSO–

C69, TSO–C69a, TSO–C69b, and TSO–

69c, Installed on Various Boeing, 

McDonnell Douglas, and Airbus 

Transport Category Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for 

certain Goodrich evacuation systems 

approved under TSO-C69, TSO-C69a, 

TSO-C69b, and TSO-69c, installed on 

certain Boeing, McDonnell Douglas, and 

Airbus transport category airplanes. For 

certain systems, this proposed AD 

would require replacing the evacuation 

systems shear-pin restraints with new 

ones. For certain other systems, this 

proposed AD would require an 

inspection for manufacturing lot 

numbers; and a general visual 

inspection of the shear-pin restraint for 

discrepancies, and corrective actions if 

necessary. This proposed AD is 

prompted by several reports of corroded 

shear-pin restraints that prevented 

Goodrich evacuation systems from 

deploying properly. We are proposing 

this AD to prevent failure of the 

evacuation system, which could impede 

an emergency evacuation and increase 

the chance of injury to passengers and 

flightcrew during the evacuation. 

DATES: We must receive comments on 

this proposed AD by July 23, 2007. 

ADDRESSES: Use one of the following 

addresses to submit comments on this 

proposed AD. 

• DOT Docket Web site: Go to 

http://dms.dot.gov and follow the 

instructions for sending your comments 

electronically. 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov 

and follow the instructions for sending 

your comments electronically. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 400 

Seventh Street SW., Nassif Building, 

Room PL–401, Washington, DC 20590. 

• By fax: (202) 493–2251. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 


pwalker on PROD1PC71 with PROPOSALS