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

51378 

Vol. 72, No. 173 

Friday, September 7, 2007 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 59 

[Docket No. AMS–LS–07–0106; LS–07–01] 

RIN 0581–AC67 

Livestock Mandatory Reporting; 

Reestablishment and Revision of the 

Reporting Regulation for Swine, Cattle, 

Lamb, and Boxed Beef 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Extension of comment period. 

SUMMARY: Notice is hereby given that 

the comment period on the 

reestablishment and revision of the 

Livestock Mandatory Reporting (LMR) 

program is extended until September 

24, 2007. 

DATES: Comments must be submitted on 

or before September 24, 2007, to be 

assured of consideration. 

ADDRESSES: Interested persons are 

invited to submit written comments 

concerning this proposal. Comments 

can be submitted on the Internet at: 

http://www.regulations.gov. Written 

comments can be sent to Warren P. 

Preston, Chief, Livestock and Grain 

Market News Branch, Docket No. LS– 

07–01, 1400 Independence Ave., SW., 

Room 2619–S, Washington, DC 20250– 

0252, or by facsimile to (202) 690–3732. 

All comments should reference the 

docket number and the date and page 

number of this issue. All comments will 

be available for public inspection at the 

above location, or on the Internet at 

http://www.regulations.gov. Comments 

that specifically pertain to the 

information collection and 

recordkeeping requirements of this 

action should also be sent to the Desk 

Officer for Agriculture, Office of 

Information and Regulatory Affairs, 

Office of Management and Budget, New 

Executive Office Building, 725 17th 

Street, NW., Room 725, Washington, DC 

20503. 

FOR FURTHER INFORMATION CONTACT: 

Warren P. Preston, Chief, Livestock and 

Grain Market News Branch at (202) 720– 

6231, fax (202) 690–3732, or e-mail 

Warren.Preston@usda.gov. 

SUPPLEMENTARY INFORMATION: On April 

2, 2001, AMS implemented the LMR 

program as required by the Livestock 

Mandatory Reporting Act of 1999 (1999 

Act). The statutory authority for the 

program lapsed on Sept. 30, 2005. In 

October 2006, Congress enacted 

legislation to reauthorize the 1999 Act 

through Sept. 30, 2010 (Reauthorization 

Act), and to amend the swine reporting 

requirements of the 1999 Act. 

As such, a proposed rule was 

published in the Federal Register on 

August 8, 2007, (72 FR 44671) to reestablish the regulatory authority for the 

program’s continued operation and 

incorporate the swine reporting changes 

contained within the Reauthorization 

Act. In addition, the rule proposed 

changes to the LMR program that seek 

to enhance the program’s overall 

effectiveness and efficiency based on 

AMS’ experience in the administration 

of the program over the past six years. 

The comment period was originally 

scheduled to end on September 7, 2007. 

However, several industry organizations 

have requested additional time to 

provide more thorough comments. AMS 

believes it is beneficial to extend the 

comment period until September 5, 

2007, in order to receive input from all 

interested parties. 

Authority: 7 U.S.C. 1621 et seq. 

Dated: September 5, 2007. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 07–4405 Filed 9–5–07; 10:51 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 983 

[Docket No. AMS–FV–07–0095; FV07–983– 

2 PR] 

Pistachios Grown in California; 

Change in Reporting Requirements 

and New Information Collection 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Proposed rule. 

SUMMARY: This rule invites comments 

on changes to the reporting 

requirements established under the 

California pistachio marketing order 

(order). The order regulates the handling 

of pistachios grown in California and is 

administered locally by the 

Administrative Committee for 

Pistachios (committee). These changes 

would modify one existing committee 

form and add a new form to a currentlyapproved information collection. The 

information collected would require 

handlers to report production and 

producer data, enabling the committee 

to obtain better information for 

preparing its annual marketing policy 

statement and conducting committee 

nominations and periodic referenda 

under the marketing order for California 

pistachios. This proposal announces the 

Agricultural Marketing Service’s (AMS) 

intention to request revisions to a 

currently-approved information 

collection issued under the order. These 

changes are intended to enhance the 

efficient operation of the program. 

DATES: Comments must be received by 

November 6, 2007. Pursuant to the 

Paperwork Reduction Act, comments on 

the information collection burden that 

would result from this proposal must be 

received by November 6, 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 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. 

FOR FURTHER INFORMATION CONTACT: 

Terry Vawter, Senior 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: 


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Federal Register / Vol. 72, No. 173 / Friday, September 7, 2007 / Proposed Rules 51379 

Terry.Vawter@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 

proposal is issued under Marketing 

Order No. 983 (7 CFR part 983), 

regulating the handling of pistachios 

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 proposal has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. This rule is not intended 

to have retroactive effect. This proposal 

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. 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. 

This rule invites comments on 

changes to the reporting requirements 

authorized under the order. These 

changes would modify one committee 

form and add a new reporting form to 

the currently-approved information 

collection. The new form would require 

handlers to report production and 

producer data. This new data would 

enable the committee to obtain better 

information for preparing its annual 

marketing policy statement and for 

conducting committee nominations and 

periodic referenda for pistachio 

producers. 

The information collected on the new 

form would provide the committee with 

information that was previously 

available from the California Pistachio 

Commission (CPC), a California State 

marketing program. 

As a result of a producer referendum, 

the CPC is to be terminated, and data 

historically collected by it and shared 

with the committee will no longer be 

available, beginning no later than 

August 31, 2007. Thus, information 

necessary for the effective 

administration of the order would need 

to be collected by the committee in the 

CPC’s stead. Requiring handlers to 

report such data would allow the 

committee to collect information on the 

total available supply of pistachios 

grown in California and on the 

producers who produced the pistachios. 

Under § 983.47 handlers are required 

to furnish such reports as the 

committee, with the approval of the 

Secretary, needs to enable the Secretary 

and the committee to perform their 

functions. 

The committee met on April 2, 2007 

to consider changes to their current 

reporting requirements. With the demise 

of their State counterpart, the CPC, the 

committee will need to collect 

information on producers and voting 

entities, the acreage of pistachios, and 

on receipts, inventory, and shipments of 

pistachios. This information is 

necessary for the effective 

administration of the order. 

Requiring handlers to report such data 

would enable the committee to obtain 

better information on the total available 

supply of pistachios grown in California 

and to contact pistachio producers. The 

marketing order requires the committee 

to prepare the annual marketing policy 

statement. Several elements are required 

for an acceptable marketing policy 

statement: Production, harvesting, 

processing, and storage conditions data. 

The committee is also required to hold 

annual nominations for seats on the 

committee, and USDA is required to 

conduct periodic continuance referenda. 

Thus, the committee needs producer 

and production data to fulfill order 

requirements. 

Section 983.37 of the order requires 

the committee to prepare a marketing 

policy statement annually when quality 

regulations are in effect under the order. 

Section 983.47 of the order requires 

that handlers provide such reports and 

information as are needed to enable the 

committee to perform its functions and 

enforce the regulations under the order. 

Under the authority of those sections, 

the committee unanimously 

recommended a revision to the current 

ACP Form 7, ‘‘Monthly Report of 

Inventory/Shipments;’’ and 

establishment of a new form, ACP Form 

8, ‘‘Producer Delivery Report,’’ for the 

purpose of collecting production, 

producer, inventory, and shipment data 

from handlers. 

This action would also slightly 

modify the handler reporting 

requirements in ACP Form 7. Currently, 

all handlers must report their beginning 

inventory, grower deliveries, shipments 

of pistachios to domestic and export 

markets, interhandler transfers, nonhandler purchases of California product, 

inventory adjustments on split and 

shelled pistachios, and ending 

inventory on a monthly basis on the 

form. This rule would remove the 

requirement to report inventory 

adjustments to split and shelled 

pistachios, as the committee believes 

that this information is no longer 

needed. This form is part of a currentlyapproved information collection, OMB 

No. 0581–0215, ‘‘Pistachios Grown in 

California.’’

The new form, ACP Form 8, 

‘‘Producer Delivery Report,’’ would 

require handlers to annually provide the 

names of the producers who deliver 

pistachios to them, the producers’

mailing addresses and other contact 

information (telephone and facsimile 

numbers and e-mail addresses), the 

producers’ employer identification 

numbers, total receipts of pistachios 

from each producer, and the counties in 

which the pistachios were grown. These 

reports would allow the committee to 

identify all authorized voters for 

committee selections and referenda in 

which each business entity is entitled to 

cast one vote. Individual producers may 

produce and deliver pistachios under 

more than one business entity. The 

information collected on this report 

would also allow the committee to 

determine whether individual 

producers are eligible to represent more 

than one business entity, based upon 

Federal Tax Identification numbers. 

The information on producer 

deliveries would also allow the 

committee to track deliveries to 

handlers and verify that handlers pay 

the appropriate assessments on 

pistachios they receive. This 

information would also streamline 

handler audits for committee staff. 

Handlers who handle less than 5,000 

pounds annually would be exempt from 

filing ACP Form 8. These small handlers 

tend to be producers who handle their 

own production only and are known to 

the committee in their producer, as well 


pwalker on PROD1PC71 with PROPOSALS
51380 Federal Register / Vol. 72, No. 173 / Friday, September 7, 2007 / Proposed Rules 

as their handler, capacity. Therefore, the 

committee already has business entity, 

production, and contact information on 

the producers that are also exempt 

handlers. 

Upon OMB approval, the revised ACP 

Form 7 and the new ACP Form 8 will 

be merged into OMB No. 0581–0215, 

‘‘Pistachios Grown in California.’’

Specific burden information is detailed 

later in this document in the section 

entitled, ‘‘Paperwork Reduction Act.’’

Such information would provide the 

committee with production and 

producer data to enhance the 

administration of the order. An 

electronic version of the form would be 

available to those handlers who file 

electronically. 

Since the addition of ACP Form 8 

would require changes to the order’s 

rules and regulations, § 983.147 would 

be modified to add a new paragraph (g), 

and to redesignate current paragraphs 

(g) and (h) as paragraphs (h) and (i). 

Initial Regulatory Flexibility Analysis 

Pursuant to requirements set forth in 

the Regulatory Flexibility Act (RFA), 

AMS has considered the economic 

impact of this action 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 would 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. 

There are approximately 50 handlers 

of California pistachios subject to 

regulation under the order and 

approximately 740 producers in the 

production area. The Small Business 

Administration (SBA) (13 CFR 121.201) 

defines small agricultural producers as 

those having annual receipts less than 

$750,000, and defines small agricultural 

service firms as those whose annual 

receipts are less than $6,500,000. Of the 

740 producers, approximately 722 have 

annual receipts of less than $750,000. 

Eight of the 50 handlers subject to 

regulation have annual pistachio 

receipts of at least $6,500,000. Thus, the 

majority of handlers and producers of 

California pistachios may be classified 

as small entities. 

This proposed rule invites comments 

on changes to the regulations authorized 

under the California pistachio marketing 

order (order), which would revise a 

currently-approved information 

collection. 

The committee discussed data 

collection at its meeting on April 2, 

2007. It determined that production data 

the CPC previously collected and made 

available to the committee was still 

necessary for the efficient operations of 

the program. Therefore, the committee 

agreed that it should require handlers to 

report production data directly to the 

committee. In order to receive this data, 

the committee unanimously 

recommended that current ACP Form 7, 

‘‘Monthly Report of Inventory/ 

Shipments,’’ be revised and that a new 

form, ACP Form 8, ‘‘Producer Delivery 

Report,’’ be developed. 

The committee deliberated the value 

of revising the current form and 

requiring the new form, and discussed 

alternatives. In their discussion, the 

committee determined that the only 

alternative would be to not collect such 

industry data. However, the marketing 

order requires the committee to prepare 

the annual marketing policy statement. 

Several elements are required for an 

acceptable marketing policy statement: 

Production, harvesting, processing, and 

storage conditions data. The committee 

is also required to hold annual 

nominations for seats on the committee, 

and USDA is required to conduct 

periodic continuance referenda. Thus, 

the committee needs this data to fulfill 

order requirements. 

The revised ACP Form 7 and the new 

ACP Form 8 are being submitted to the 

OMB as a revision to a currentlyapproved information collection and 

upon approval these forms will be 

merged into OMB No. 0581–0215, 

‘‘Pistachios Grown in California.’’ As 

with other marketing order programs, 

reports and forms are periodically 

reviewed to reduce information 

requirements and duplication by 

industry and public sector agencies. 

This proposal would impose 

additional reporting and recordkeeping 

burdens on handlers. However, any 

additional burden is expected to be 

offset by the efficient operation of the 

order. Handlers would continue to file 

the ACP Form 7 monthly and would file 

the ACP Form 8 annually, but the data 

collected would serve multiple 

purposes and streamline committee 

operations. In addition, USDA has not 

identified any relevant Federal rules 

that duplicate, overlap, or conflict with 

this rule. A detailed discussion of the 

amended form follows. 

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. 

Further, the committee’s meetings 

were widely publicized throughout the 

pistachio industry and all interested 

persons were encouraged to attend the 

meetings and participate in the 

committee’s deliberations. Like all 

committee meetings, the April 2, 2007, 

meeting was a public meeting, and 

entities of all sizes were encouraged to 

express their views on these issues. 

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 submit a revision to a 

currently-approved information 

collection. This proposed rule creates a 

new form and revises an existing form. 

Upon approval of this revision by OMB, 

the forms will be merged with the forms 

approved under OMB No. 0581–0215, 

‘‘Pistachios Grown in California.’’

Title: Pistachios Grown in California; 

Marketing Order No. 983. 

OMB Number: 0581–0215. 

Type of Request: Revision. 

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 pistachio marketing order 

program, which has been operating 

since 2004. 

On April, 2, 2007, the committee 

unanimously recommended revising the 

current ACP Form 7 and developing a 

new ACP Form 8 on which handlers 

report to the committee the receipts of 

pistachios grown in California. This 

notice concerns those reports, in 

addition to the accompanying regulation 

previously discussed regarding 

requiring the reports to be submitted by 

handlers to the committee. 

The committee delegated the task of 

developing the final versions of the 

forms to their Technical Subcommittee, 

which met on May 7, 2007. 


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Due to the pending termination of the 

CPC, the committee will need to begin 

collecting production, producer, and 

inventory data directly from handlers. 

The committee would use this 

information in its marketing policy 

deliberations each year when it reviews 

the production, harvesting, processing, 

and storage of the California crop. They 

would also use it conduct committee 

nominations, and USDA would use it to 

conduct periodic producer referenda. 

The committee needs accurate 

information to effectively administer the 

order. 

The information collected would be 

used only by authorized representatives 

of the USDA, including AMS, Fruit and 

Vegetable Programs regional and 

headquarters staff, and authorized 

employees of the committee. Authorized 

committee staff are the primary users of 

the information, and AMS is the 

secondary user. Such information 

would be kept confidential in 

accordance with the Act and the order. 

Estimated Annual Burden for Each 

Form 

The proposed request for revision of 

a currently-approved information 

collection under the order is as follows: 

ACP–7, Monthly Report of Inventory/ 

Shipments Form 

Handlers would use this form to 

report their monthly inventory, receipts, 

domestic and export shipments of 

pistachios, interhandler transfers, nonhandler purchases of California product, 

inventory adjustments, and the ending 

inventory. Because small handlers are 

exempt from filing all forms other than 

the ACP–4, there are only an estimated 

20 huller/dryer handlers who would be 

required to file this form. 

Estimate of Burden: Public reporting 

burden for this collection of information 

is estimated to average 12 minutes per 

response. 

Respondents: Persons who handle 

California pistachios. 

Estimated Number of Respondents: 

20. 

Estimated Number of Total Annual 

Responses: 240. 

Estimated Number of Responses per 

Respondent: 12. 

Estimated Total Annual Burden on 

Respondents: 48 hours. 

ACP–8, Producer Delivery Report Form 

Handlers would use this form 

annually to notify the committee of the 

receipts of pistachios and to report 

information on producers who own the 

acreage upon which the pistachios are 

grown. There are only an estimated 14 

producers/handlers who receive 

pistachios for processing from other 

producers, thus, there would be fewer 

handlers filing this form. 

Estimate of Burden: Public reporting 

burden for this collection of information 

is estimated to average 12 minutes per 

response. 

Respondents: California pistachio 

handlers who receive pistachios grown 

in California. 

Estimated Number of Respondents: 

14. 

Estimated Number of Total Annual 

Reponses: 14. 

Estimated Number of Responses per 

Respondent: 1. 

Estimated Total Annual Burden on 

Respondents: 2.8 hours. 

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. 

0581–0215 and the Marketing Order for 

Pistachios Grown in California, and 

should be sent to the USDA in care of 

the Docket Clerk at the previousmentioned address or at http:// 

www.regulations.gov. 

All responses to this notice will be 

summarized and included in the request 

for OMB approval. All comments 

received will become a matter of public 

record and will be available for public 

inspection during regular business 

hours at the same address or at http:// 

www.regulations.gov. 

In summary, this proposal would 

modify one reporting form and establish 

a new reporting requirement under the 

order. 

Requiring handlers to file the new 

reports would allow the committee to 

obtain accurate information for 

preparation of the mandatory annual 

marketing policy statement, and for the 

conduct of committee nominations and 

periodic referenda. Since the addition of 

ACP Form 8 would require changes to 

the order’s rules and regulations, 

§ 983.147 would be modified to add a 

new paragraph (g), and to redesignate 

current paragraphs (g) and (h) as 

paragraphs (h) and (i). 

All written comments timely received 

will be considered before a final 

determination is made on this matter. 

List of Subjects in 7 CFR Part 983 

Pistachios, Marketing agreements and 

orders, Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, 7 CFR part 983 is proposed to 

be amended as follows: 

PART 983—PISTACHIOS GROWN IN 

CALIFORNIA 

1. The authority citation for 7 CFR 

part 983 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

Subpart—Rules and Regulations 

2. In § 983.147, current paragraphs (g) 

and (h) are redesignated as paragraphs 

(h) and (i), and a new paragraph (g) is 

added to read as follows: 

§ 983.147 Reports. 

* * * * * 

(g) ACP–8, Producer Delivery Report. 

Each handler of pistachios shall file this 

report with the committee by the 15th 

day of December of each production 

year to report his/her receipts of 

pistachios during the current 

production year, the names of the 

handlers’ producing entities, business 

type, and the following information 

concerning each producing entity: 

Federal Tax Identification number; 

mailing and e-mail address; telephone 

and fax number; total bearing acres; 

county of production; and for the 

current production year, the total 

receipts of open inshell, closed shell, 

shelling stock of each producing entity; 

and total pounds of processed 

pistachios produced by each producing 

entity. 

* * * * * 

Dated: August 30, 2007. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 07–4370 Filed 9–6–07; 8:45 am] 

BILLING CODE 3410–02–M 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 993 

[Docket No. AMS–FV–07–0103; FV07–993–

1 PR] 

Dried Prunes Produced in California; 

Increased Assessment Rate 

AGENCY: Agricultural Marketing Service, 

USDA. 


pwalker on PROD1PC71 with PROPOSALS