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

18922 

Vol. 72, No. 72 

Monday, April 16, 2007 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 925 

[Docket No. AMS–FV–07–0028; FV07–925– 

1 PR] 

Grapes Grown in a Designated Area of 

Southeastern California; Change in 

Reporting Requirements 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Proposed rule. 

SUMMARY: This rule invites comments 

on a revision to the reporting 

requirements established under the 

California desert grape marketing order, 

which regulates the handling of grapes 

grown in a designated area of 

Southeastern California. The marketing 

order is administered locally by the 

California Desert Grape Administrative 

Committee (CDGAC or committee). This 

rule would require handlers to provide 

an annual report to the committee 

which lists the acreages devoted to 

grapes for fresh shipment, the owners 

and locations of the acreages, and 

varieties produced thereon that the 

handler will be handling during the 

upcoming season. This change would 

allow the committee to collect 

information on the acreage and varieties 

of desert grapes regulated under the 

marketing order, thus improving data 

collection and the efficient operation of 

the program. 

DATES: Comments must be received by 

May 1, 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: 

Terry Vawter, 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: 

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 

Agreement and Order No. 925, both as 

amended (7 CFR part 925), regulating 

the handling of grapes grown in a 

designated area of southeastern 

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 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 would change the reporting 

requirement under the order by 

requiring handlers to file an annual 

acreage survey which lists the acreages 

devoted to grapes, the locations and 

owners of the acreage, and varieties 

produced thereon for fresh shipment 

that the handler will be handling during 

the upcoming season. The form would 

provide information necessary for the 

committee to estimate annual 

production, determine the necessary 

assessment rate, and establish an annual 

budget of expenses. This change was 

unanimously recommended by the 

committee at a meeting on February 6, 

2007. 

Section 925.60 provides authority for 

the committee, with the approval of 

USDA, to require handlers to furnish 

information to the committee. Currently, 

§ 925.60(a) requires handlers to file 

reports of shipments of grapes. Under 

§ 925.60(b), the committee is authorized, 

with the approval of USDA, to require 

handlers to furnish such other 

information as it may prescribe and may 

be necessary to enable the committee to 

perform its duties under the order. 

The acreage survey is currently an 

approved form authorized for use by the 

committee. The form was initially 

included so that the committee could, at 

some future time, recommend requiring 

handlers to use the form if it was 

determined that aggregating information 

on grape acreage would provide a 

benefit to the industry. 

The committee met on February 6, 

2007, and discussed the grape acreage 

survey. At this time, the committee 

believes the report would provide 

valuable information and unanimously 

recommended that it be a mandatory 

report, such as those authorized under 

§ 925.60. This change is intended to 

enhance the efficient operation of the 

program by permitting the committee to 

collect production data, which, in turn, 

would allow them to have more 

accurate information for establishing a 

crop estimate, determining an 

assessment rate, and developing an 

annual budget of expenses. 


cprice-sewell on PROD1PC66 with PROPOSALS
Federal Register / Vol. 72, No. 72 / Monday, April 16, 2007 / Proposed Rules 18923 

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 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 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 50 producers 

of grapes in the production area and 

approximately 20 handlers subject to 

regulation under the marketing order. 

The Small Business Administration (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. 

Last year, six of the 20 handlers 

subject to regulation had annual grape 

sales of at least $6,500,000. In addition, 

10 of the 50 producers had annual sales 

of at least $750,000. Therefore, a 

majority of handlers and producers may 

be classified as small entities. 

This rule would revise § 925.160 of 

the order’s rules and regulations to 

include the requirement that handlers 

file an annual grape acreage survey. 

This rule would impose minimal 

additional costs on handlers regulated 

under the order. The benefits of this 

proposed rule are not expected to be 

disproportionately greater or less for 

small handlers than for large entities. 

At the meeting, the committee 

discussed an alternative to this change, 

which would be to ask handlers to 

voluntarily report grape acreage. 

However, under voluntary reporting, it 

is possible that all handlers would not 

report the information, making it 

difficult for the committee to aggregate 

accurate information used in 

determining the committee’s crop 

estimate, assessment rate, and budget of 

expenses. The committee agreed that 

this alternative would not be in the best 

interest of the committee and the 

industry, and unanimously 

recommended mandating the report. 

In accordance with the Paperwork 

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

Chapter 35), the information collection 

requirements that are contained in this 

rule are currently approved by the 

Office of Management and Budget 

(OMB), under OMB No. 0581–0189, 

Generic OMB Fruit Crops. This rule 

would impose minimal additional 

reporting or recordkeeping 

requirements, deemed to be 

insignificant, on both small and large 

grape handlers. 

USDA has not identified any relevant 

Federal rules that duplicate, overlap or 

conflict with this rule. As with other 

similar marketing order programs, 

reports and forms are periodically 

reviewed to reduce information 

requirements and duplication by 

industry and public sector agencies. 

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. 

Further, the committee’s meeting on 

February 6, 2007, was widely publicized 

throughout the desert grape industry 

and all interested persons were 

encouraged to attend the meeting and 

participate in committee deliberations. 

Like all committee meetings, the 

February 6, 2007, meeting was a public 

meeting; and all entities, both large and 

small, were encouraged to express their 

views on this issue. All interested 

persons were invited to attend this 

meeting and encouraged to participate 

in the industry’s deliberations. 

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 15-day comment period is provided 

to allow interested persons to respond 

to this proposal. Fifteen days is deemed 

appropriate because this rule would 

need to be in place as soon as possible 

since the shipping season begins April 

20. All written comments timely 

received will be considered before a 

final determination is made on this 

matter. 

List of Subjects in 7 CFR Part 925 

Grapes, Marketing agreements, 

Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, 7 CFR part 925 is proposed to 

be amended as follows: 

PART 925—GRAPES GROWN IN A 

DESIGNATED AREA OF 

SOUTHEASTERN CALIFORNIA 

1. The authority citation for 7 CFR 

part 925 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

2. In § 925.160, the current paragraph 

is redesignated as paragraph (a), and a 

new paragraph (b) is added to read as 

follows: 

§ 925.160 Reports. 

(a) * * * 

(b) When requested by the California 

Desert Grape Administrative Committee 

(CDGAC), each shipper who ships 

grapes shall furnish to the committee at 

such time as the committee shall 

require, an annual grape acreage survey 

(CDGAC Form 7), which shall include, 

but is not limited to, the following: the 

applicable year in which the report is 

requested; the names of the shipper 

(handler) who will handle the grapes 

and the grower who produces them; the 

location of each vineyard; the variety or 

varieties grown in each vineyard; and 

the bearing, non-bearing, and total acres 

of each vineyard. 

Dated: April 11, 2007. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. E7–7179 Filed 4–13–07; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. NM365 Special Conditions No. 

25–07–02–SC] 

Special Conditions: Boeing Model 787–

8 Airplane; Systems and Data 

Networks Security—Protection of 

Airplane Systems and Data Networks 

From Unauthorized External Access 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed special 

conditions. 

SUMMARY: This notice proposes special 

conditions for the Boeing Model 787–8 

airplane. This airplane will have novel 

or unusual design features when 

compared to the state of technology 

envisioned in the airworthiness 

standards for transport category 

airplanes. The architecture of the Boeing 

Model 787–8 systems and networks 

allows access to external systems and 

networks, including the public Internet. 


cprice-sewell on PROD1PC66 with PROPOSALS