This section of the FEDERAL REGISTER

contains documents other than rules or

proposed rules that are applicable to the

public. Notices of hearings and investigations,

committee meetings, agency decisions and

rulings, delegations of authority, filing of

petitions and applications and agency

statements of organization and functions are

examples of documents appearing in this

section.

Notices Federal Register

49693 

Vol. 72, No. 167 

Wednesday, August 29, 2007 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

[Docket No. AMS–FV–0109; FV07–900–1NC] 

Notice of Request for Extension and 

Revision of a Currently Approved 

Information Collection 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Notice and request for 

comments. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995 (44 

U.S.C. Chapter 35), this notice 

announces the Agricultural Marketing 

Service’s (AMS) intention to request an 

extension for an revision to a currently 

approved information collection 

enabling certified organic handlers 

exemption from paying market 

promotion assessments under 26 

Federal marketing order programs. 

DATES: Comments on this notice must be 

received by October 29, 2007. 

ADDRESSES: Interested persons are 

invited to submit written comments 

concerning this notice. 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. 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: Sue 

Challis, Supervisory Marketing 

Specialist, Marketing Order 

Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA; 

Telephone: (202) 720–2491, Fax: (202) 

720–8938, or E-mail: 

Sue.Challis@usda.gov. 

Small businesses may request 

information on this notice by contacting 

Jay Guerber, Marketing Order 

Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA, 1400 

Independence Avenue, SW., STOP 

0237, room 1406–S, Washington, DC 

20250–0237; telephone (202) 720–2491, 

Fax: (202) 720–8938, or E-mail: 

Jay.Guerber@usda.gov. 

SUPPLEMENTARY INFORMATION: 

Title: Certified Organic Handler 

Market Promotion Assessment 

Exemption under 26 Federal Marketing 

Orders. 

OMB Number: 0581–0216. 

Expiration Date of Approval: January 

31, 2008. 

Type of Request: Extension and 

revision of a currently approved 

information collection. 

Abstract: Marketing order programs 

provide and opportunity for producers 

of fresh fruit, vegetables, and specialty 

crops, in specified production areas, to 

work together to solve marketing 

problems that cannot be solved 

individually. This notice covers the 

following marketing order program 

citations under 7 CFR: Part 906, Texas 

citrus; part 915, Florida avocados; part 

916, California nectarines; part 917, 

California peaches and pears; part 922, 

Washington apricots; part 923, 

Washington sweet cherries; part 924, 

Washington/Oregon fresh prunes; part 

925, California grapes; part 927, Pears 

Grown in Oregon and Washington; part 

929, Cranberries Grown in States of 

Massachusetts, et al.; part 930, Tart 

Cherries Grown in the States of 

Michigan, et al.; part 932, California 

olives; part 947, Oregon/California 

potatoes; Part 948, Colorado potatoes; 

part 955, Vidalia Onions, part 956, 

Washington/Oregon Walla Walla 

onions, part 958, Idaho-Eastern Oregon 

onions; part 959, Texas onions; part 966, 

Florida tomatoes; part 981, California 

almonds; part 982, Oregon-Washington 

hazelnuts; part 984, California walnuts; 

part 985, Far West spearmint oil, part 

987, California dates; part 989, 

California raisins; and part 993, 

California dried prunes. Marketing 

orders 931 and 979 were previously 

included, however, these programs have 

since terminated. Order regulations help 

ensure adequate supplies of high quality 

products for consumers and adequate 

returns to producers. Under the 

Agricultural Marketing Agreement Act 

of 1937 (Act), as amended (7 U.S.C. 

601–674), orders may authorize 

production and marketing research, 

including paid advertising. Production 

and marketing research and 

development, including paid 

advertising activities to promote the 

various commodities, are paid for with 

assessments levied on handlers 

regulated under the 26 Federal 

marketing orders. 

On May 13, 2002, section 501 of the 

FAIR Act was amended (7 U.S.C. 7401) 

to exempt any person that produces and 

markets solely 100 percent organic 

products, and that does not produce any 

conventional or non-organic products, 

from paying assessments under a 

commodity promotion law with respect 

to any agricultural commodity that is 

produced on a certified organic farm as 

defined in Section 2103 of the Organic 

Foods Production Act of 1990 (7 U.S.C. 

6502). 

To be exempt from paying 

assessments for marketing promotion, 

including paid advertising expenses, 

under the specified marketing orders, 

the certified organic handler must 

submit an application, ‘‘Certified 

Organic Handler Application for 

Exemption from Market Promotion 

Assessments Paid Under Federal 

Marketing Orders’’ to the marketing 

order committee or board. The 

information request includes the 

following: Handler’s name (applicant); 

telephone and fax numbers, and an 

optional e-mail address; name and 

address of the company; certification 

that the applicant operates under an 

approved organic process system plan 

authorized by the National Organic 

Program (NOP) and handles products 

that are eligible to be labeled as 100 

percent organic, that the applicant is not 

a split operation as defined by the 

Organic Food Production Act of 1990 

(OFPA) and the NOP, and that the 

applicant is subject to assessments 

under the Federal marketing order 

program for which this exemption is 

requested. 

A table has been added to the 

application for the applicant to list all 

commodities handled and to indicate 

whether each commodity handled is 

eligible to be labeled as 100 percent 

organic. The application requires the 

applicant to list the number of 


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49694 Federal Register / Vol. 72, No. 167 / Wednesday, August 29, 2007 / Notices 

producers for whom the applicant 

handles or markets products. The 

applicant also is required to attach a 

copy of the organic handling operation 

certificate provided by a USDAaccredited certifying agent under the 

OFPA and the NOP, and a copy of the 

applicant’s NOP producer certificate, if 

applicable. An NOP certificate for each 

producer for whom the applicant 

handles also must be attached. 

When the requirements for exemption 

no longer apply to a handler, the 

handler shall inform the committee or 

board within 30 days and pay the full 

assessment on all remaining assessable 

product for all committee or board 

assessments from the date the handler 

no longer is eligible to the end of the 

assessment period. The notification by 

the handler can be made in any manner 

the handler desires (telephone, fax, email, etc.). 

This information is necessary to help 

the committees or boards to determine 

an applicant’s eligibility and to verify 

compliance. Inclusion of this 

information on the form assists the 

applicants in making their certifications 

and the committee or boards in properly 

administering the assessment 

exemption. 

The respective marketing orders (e.g. 

7 CFR 932.61 and 7 CFR 981.70) also 

provide that handlers maintain, and 

make available, all records necessary to 

demonstrate compliance with order 

requirements for two years. The burdens 

on handlers for such recordkeeping 

requirements are included in the 

information collection requests 

previously approved by OMB for the 

respective marketing orders under the 

following OMB Control Numbers: OMB 

No. 0581–0178 for marketing order Nos. 

932, 947, 948, 955, 956, 958, 959, 966, 

981, 982, 984, 985, 987, 989, and 993; 

OMB No. 0581–0189 for marketing 

order Nos. 906, 915, 916, 917, 922, 923, 

924, 925, 927, 929, and 930. 

The information collected is used 

only by authorized representatives of 

the USDA, including AMS, Fruit and 

Vegetable Programs’ regional and 

headquarters’ staff and authorized 

committee/board employees. 

Authorized committee/board employees 

are the primary users of the information 

and AMS is the secondary user. 

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. 

Estimate of Burden: Public reporting 

burden for this collection of information 

is estimated to average 30 minutes per 

response. 

Respondents: Eligible Certified 

Organic Handlers. 

Estimated Number of Respondents: 

103. 

Estimated Number of Total Annual 

Responses: 103. 

Estimated Number of Responses per 

Respondent: 1. 

Estimated total Annual Burden on 

Respondents: 52 hours. 

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 

through the use of appropriate 

automated, electronic, mechanical, or 

other technological collection 

techniques or other forms of information 

technology. 

Comments should reference this 

docket number and the appropriate 

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 

become a matter of public record. 

Dated: August 23, 2007. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 07–4241 Filed 8–28–07; 8:45 am] 

BILLING CODE 3410–02–M 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

[Docket No. AMS–TM–07–0111; TM–07–08] 

Notice of Agricultural Management 

Assistance Organic Certification Cost 

Share Program 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Notice. 

SUMMARY: This notice invites the 

following eligible States: Connecticut, 

Delaware, Maine, Maryland, 

Massachusetts, Nevada, New 

Hampshire, New Jersey, New York, 

Pennsylvania, Rhode Island, Utah, 

Vermont, West Virginia, and Wyoming, 

to submit an Application for Federal 

Assistance (Standard Form 424), and to 

enter into a Cooperative Agreement with 

the Agricultural Marketing Service 

(AMS) for the Allocation of Organic 

Certification Cost-Share Funds. The 

AMS has allocated $1.0 million for this 

organic certification cost-share program 

in Fiscal Year 2007. Funds will be 

available under this program to 15 

designated States to assist organic crop 

and livestock producers certified under 

the National Organic Program (NOP). 

Eligible States interested in obtaining 

cost-share funds for their organic 

producers will have to submit an 

Application for Federal Assistance, and 

will have to enter into a cooperative 

agreement with AMS for the allocation 

for such funds. 

DATES: Completed applications for 

Federal assistance along with signed 

cooperative agreements must be 

received by close of business, 

September 18, 2007, in order to 

participate in this program. 

ADDRESSES: Applications for Federal 

assistance and cooperative agreements 

shall be requested from and submitted 

to: Robert Pooler, Agricultural 

Marketing Specialist, National Organic 

Program, USDA/AMS/TMP/NOP, Room 

4008–South, AG Stop 0268, 1400 

Independence Avenue, SW., 

Washington, DC 20250–0264; 

Telephone: (202) 720–3252; Fax: (202) 

205–7808. Additional information may 

be found through the National Organic 

Program’s homepage at http:// 

www.ams.usda.gov/nop. 

FOR FURTHER INFORMATION CONTACT: 

Robert Pooler, Agricultural Marketing 

Specialist, National Organic Program, 

USDA/AMS/TM/NOP, Room 4008–

South, Ag Stop 0268, 1400 

Independence Avenue, SW., 

Washington, DC 20250–0268; 

Telephone: (202) 720–3252; Fax: (202) 

205–7808. 

SUPPLEMENTARY INFORMATION: This 

Organic Certification Cost-Share 

Program is part of the Agricultural 

Management Assistance Program 

authorized under the Federal Crop 

Insurance Act (FCIA), as amended, (7 

U.S.C. 1524). Under the applicable FCIA 

provisions, the Department is 

authorized to provide cost share 

assistance to producers in the States of 

Connecticut, Delaware, Maine, 

Maryland, Massachusetts, Nevada, New 

Hampshire, New Jersey, New York, 

Pennsylvania, Rhode Island, Utah, 

Vermont, West Virginia, and Wyoming. 

This organic certification cost share 


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