Federal Register / Vol. 72, No. 85 / Thursday, May 3, 2007 / Proposed Rules 24553 

This proposed rule would impose no 

additional reporting or recordkeeping 

requirements on either small or large 

California grape handlers. As with all 

Federal 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 

technologies to provide increased 

opportunities for citizen access to 

Government information and services, 

and for other purposes. 

USDA has not identified any relevant 

Federal rules that duplicate, overlap, or 

conflict with this rule. 

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 30-day comment period is provided 

to allow interested persons to respond 

to this proposed rule. Thirty days is 

deemed appropriate because: (1) The 

2007 fiscal period began on January 1, 

2007, and the marketing order requires 

that the rate of assessment for each 

fiscal period apply to all assessable 

grapes handled during such period; (2) 

the industry could be shipping grapes 

beginning April 20, 2007; (3) the 

committee needs to have sufficient 

funds to pay its expenses which are 

incurred on a continuous basis; and (4) 

handlers are aware of this action which 

was unanimously recommended by the 

committee at a public meeting and is 

similar to other assessment rate actions 

issued in past years. 

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. Section 925.215 is revised to read 

as follows: 

§ 925.215 Assessment rate. 

On and after January 1, 2007, an 

assessment rate of $0.0200 per 18-pound 

lug is established for grapes grown in a 

designated area of southeastern 

California. 

Dated: April 27, 2007. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. E7–8458 Filed 5–2–07; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 930 

[Docket No. AMS–FV–06–0186; FV06–930– 

610 REVIEW] 

Tart Cherries Grown in the States of 

Michigan, et al.; Section 610 Review 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Confirmation of regulations. 

SUMMARY: This action summarizes the 

results under the criteria contained in 

section 610 of the Regulatory Flexibility 

Act (RFA), of an Agricultural Marketing 

Service (AMS) review of Marketing 

Order No. 930 regulating the handling of 

tart cherries grown in the States of 

Michigan, New York, Pennsylvania, 

Oregon, Utah, Washington, and 

Wisconsin. 

ADDRESSES: Interested persons may 

obtain a copy of the review. Requests for 

copies should 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 

e-mail: moab.docketclerk@usda.gov. 

The review may also be viewed online 

at: http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Patricia A. Petrella or Kenneth G. 

Johnson, Marketing Order 

Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA, Unit 

155, 4700 River Road, Riverdale, MD 

20737; Telephone: (301) 734–5243, Fax: 

(301) 734–5275; or E-mail: 

Patricia.Petrella@usda.gov or 

Kenneth.Johnson@usda.gov. 

SUPPLEMENTARY INFORMATION: Marketing 

Order 930, as amended (7 CFR part 930), 

regulates the handling of tart cherries 

grown in the States of Michigan, New 

York, Pennsylvania, Oregon, Utah, 

Washington, and Wisconsin. The 

marketing order is effective under the 

Agricultural Marketing Agreement Act 

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

601–674). 

The tart cherry marketing order 

establishes the Cherry Industry 

Administrative Board (Board) as the 

administrative body charged with 

overseeing program operations. Staff is 

hired to conduct the daily 

administration of the program. The 

Board consists of 18 producer and 

handler members, plus one member 

who represents the public. There are 

seven grower members and seven 

handler members, and four members 

that can be either growers or handlers. 

Each member has an alternate. Members 

and alternate members are elected 

through a mail balloting process. 

Currently, there are approximately 

900 tart cherry growers and 

approximately 40 handlers. The 

majority of the growers and handlers 

may be classified as small entities. The 

regulations implemented under the 

order are applied uniformly to all size 

entities, and are designed to benefit all 

entities, regardless of size. 

AMS published in the Federal 

Register (64 FR 8014; February 18, 

1999), its plan to review certain 

regulations, including Marketing Order 

930, under criteria contained in section 

610 of the RFA (5 U.S.C. 601–612). 

Updated plans were published in the 

Federal Register on January 4, 2002 (67 

FR 525), August 14, 2003 (68 FR 48574), 

and again on March 24, 2006 (71 FR 

14827). Accordingly, AMS published a 

notice of review and request for written 

comments on the tart cherry marketing 

order in the February 21, 2006, issue of 

the Federal Register (71 FR 8810). The 

deadline for comments ended April 24, 

2006. No comments were received. 

The review was undertaken to 

determine whether the tart cherry 

marketing order should be continued 

without change, amended, or rescinded 

to minimize the impacts on small 

entities. In conducting this review, AMS 

considered the following factors: (1) The 

continued need for the marketing order; 

(2) the nature of complaints or 

comments received from the public 

concerning the marketing order; (3) the 

complexity of the marketing order; (4) 

the extent to which the marketing order 

overlaps, duplicates, or conflicts with 

other Federal rules, and, to the extent 

feasible, with State and local 

governmental rules; and (5) the length of 

time since the marketing order has been 

evaluated or the degree to which 

technology, economic conditions, or 

other factors have changed in the area 

affected by the marketing order. 

The marketing order authorizes the 

following activities: Volume control in 

the form of free and restricted 

percentages and establishment of a 

reserve pool; production and processing 

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24554 Federal Register / Vol. 72, No. 85 / Thursday, May 3, 2007 / Proposed Rules 

research, marketing research and 

development, and promotional 

activities; reporting requirements for 

collection and dissemination of 

production, shipment, and other 

marketing information; and quality 

control, including inspection 

requirements. 

The volume control provisions of the 

order have helped stabilize supplies and 

prices of tart cherries. Recently, a 

generic domestic promotion program 

has been implemented with the intent of 

increasing consumer demand. The 

compilation and dissemination of 

aggregate statistical information 

collected from handlers is used by the 

industry to make informed production 

and marketing decisions. 

Minimum quality standards and 

inspection requirements, and 

production and marketing research, 

have not been implemented by the 

industry but the marketing order 

contains provisions for such programs 

should the industry determine it would 

be beneficial to implement them. Funds 

to administer the marketing order are 

obtained from handler assessments. 

Based on the potential benefits of the 

marketing order to producers, handlers, 

and consumers, AMS has determined 

that the order should continue without 

change. 

In regard to complaints or comments 

received from the public regarding this 

review, USDA has not received any 

comments from interested parties on 

this action. 

In considering the order’s complexity, 

AMS has determined that the marketing 

order is not unduly complex. 

During the review, the order was also 

checked for duplication and overlap 

with other regulations. AMS did not 

identify any relevant Federal rules, or 

State and local regulations that 

duplicate, overlap, or conflict with the 

marketing order for tart cherries. 

The marketing order was established 

in 1996. Since its inception, AMS and 

the tart cherry industry have 

continuously monitored its operations. 

Changes in regulations have been 

implemented to reflect current industry 

operating practices, and to solve 

marketing problems as they occur. The 

goal of these evaluations is to assure 

that the order and the regulations 

implemented under it fit the needs of 

the industry and are consistent with the 

Act. 

The Board meets whenever needed, 

but at least bi-annually, to discuss the 

marketing order and the various 

regulations issued thereunder, and to 

determine if, or what, changes may be 

necessary to reflect current industry 

practices. As a result, numerous 

regulatory changes have been made over 

the years to address industry operation 

changes and to improve program 

administration. The marketing order has 

been amended three times since its 

inception and several changes to the 

administrative rules and regulations 

have been implemented over the years 

to ensure the program continues to meet 

the industry’s needs. 

Accordingly, AMS has determined 

that the tart cherry marketing order 

should be continued. The marketing 

order was established to help the tart 

cherry industry work with USDA to 

solve marketing problems. The 

marketing order continues to be 

beneficial to producers, handlers, and 

consumers. 

AMS will continue to work with the 

tart cherry industry in maintaining an 

effective program. 

Dated: April 27, 2007. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. E7–8443 Filed 5–2–07; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 12, 23, 42, and 52 

[FAR Case 2005–039; Docket 2007–0001; 

Sequence 2] 

RIN 9000–AK69 

Federal Acquisition Regulation; FAR 

Case 2005–039, Use of Products 

Containing Recovered Materials In 

Service and Construction Contracts 

AGENCIES: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Proposed rule. 

SUMMARY: The Civilian Agency 

Acquisition Council and the Defense 

Acquisition Regulations Council 

(Councils) are proposing to amend the 

Federal Acquisition Regulation (FAR) to 

clarify language within the FAR on the 

use of products containing recovered 

materials, pursuant to the Resource 

Conservation and Recovery Act of 1976, 

and Executive Order 13101 ‘‘Greening 

the Government Through Waste 

Prevention, Recycling, and Federal 

Acquisition.’’ 

DATES: Interested parties should submit 

written comments to the FAR 

Secretariat on or before July 2, 2007 to 

be considered in the formulation of a 

final rule. 

ADDRESSES: Submit comments 

identified by FAR case 2005–039 by any 

of the following methods: 

<bullet≤ Federal eRulemaking Portal: 

http://www.regulations.gov. Search for 

any document by first selecting the 

proper document types and selecting 

‘‘Federal Acquisition Regulation’’ as the 

agency of choice. At the ‘‘Keyword’’ 

prompt, type in the FAR case number 

(for example, FAR Case 2006–001) and 

click on the ‘‘Submit’’ button. Please 

include any personal and/or business 

information inside the document. 

You may also search for any 

document by clicking on the ‘‘Advanced 

search/document search’’ tab at the top 

of the screen, selecting from the agency 

field ‘‘Federal Acquisition Regulation’’, 

and typing the FAR case number in the 

keyword field. Select the ‘‘Submit’’ 

button. 

<bullet≤ Fax: 202–501–4067. 

<bullet≤ Mail: General Services 

Administration, Regulatory Secretariat 

(VIR), 1800 F Street, NW, Room 4035, 

ATTN: Laurieann Duarte, Washington, 

DC 20405. 

Instructions: Please submit comments 

only and cite FAR case 2005–039 in all 

correspondence related to this case. All 

comments received will be posted 

without change to http:// 

www.regulations.gov, including any 

personal and/or business confidential 

information provided. 

FOR FURTHER INFORMATION CONTACT: Mr. 

William Clark, Procurement Analyst, at 

(202) 219–1813 for clarification of 

content. For information pertaining to 

status or publication schedules, contact 

the FAR Secretariat at (202) 501–4755. 

Please cite FAR case 2005–039. 

SUPPLEMENTARY INFORMATION: 

A. Background 

DOD, GSA, and NASA propose to 

amend the Federal Acquisition 

Regulation (FAR) to clarify language 

within the FAR on the use of products 

containing recovered materials, 

pursuant to the Resource Conservation 

and Recovery Act of 1976, and 

Executive Order 13101 ‘‘Greening the 

Government Through Waste Prevention, 

Recycling, and Federal Acquisition.’’ 

The Councils are aware that Executive 

Order 13423, ‘‘Strengthening Federal 

Environmental, Energy, and 

Transportation Management,’’ revoked 

E.O. 13101; however, E.O. 13101 is not 

eliminated from Subpart 23.4 under this 

rule, as other conforming changes will 

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