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contains regulatory documents having general

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are keyed to and codified in the Code of

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Rules and Regulations Federal Register

37617 

Vol. 76, No. 124 

Tuesday, June 28, 2011 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 925 

[Doc. No. AMS–FV–06–0185; FV06–925–610 

Review] 

Grapes Grown in a Designated Area of 

Southeastern California; 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. 925 regulating the handling of 

grapes grown in a designated area of 

southeastern California (order). Based 

upon its review, AMS has concluded 

that there is a continued need for the 

order. 

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 

Internet: http://www.regulations.gov. 

The review may also be viewed online 

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

FOR FURTHER INFORMATION CONTACT: 

Kathie Notoro, 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: 

Kathie.Notoro@ams.usda.gov or 

Kurt.Kimmel@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: Marketing 

Order 925, as amended (7 CFR part 925), 

regulates the handling of grapes grown 

in a designated area of southeastern 

California. The marketing order is 

effective under the Agricultural 

Marketing Agreement Act of 1937 (Act), 

as amended (7 U.S.C. 601–674). 

The desert grape marketing order 

establishes the California Desert Grape 

Administrative Committee (Committee) 

as the administrative body charged with 

overseeing program operations. Staff is 

hired to conduct the daily 

administration of the program. The 

Committee consists of 12 members. Five 

members represent producers, five 

represent handlers, one represents 

either producers or handlers (the ‘‘at 

large’’ member), and one member 

represents the public. Each member has 

an alternate. Members and alternate 

members are elected at annual 

nomination meetings. 

Currently, there are approximately 50 

producers and 14 handlers of California 

desert grapes. In addition, there are 

approximately 100 importers of grapes. 

The majority of the handlers and 

importers may be classified as small 

entities and the majority of producers 

may not be classified as small entities. 

The regulations implemented under the 

order are applied uniformly to small 

and large 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 

925, 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 California desert grape 

marketing order in the February 21, 

2006, issue of the Federal Register (71 

FR 8810). The deadline for comments 

ended April 24, 2006. Five comments 

were received in response to the notice, 

and are discussed later in this 

document. 

The review was undertaken to 

determine whether the desert grape 

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: Quality control 

with mandatory outgoing inspection; 

container and pack requirements; 

packing holidays; production research; 

market research and development; and 

reporting requirements for collection 

and dissemination of shipment 

information. 

The quality control provisions of the 

order have helped to ensure a good 

quality of fruit is provided to 

consumers. Pack and container 

requirements provide uniformity in the 

marketing of grapes. Wholesalers and 

retailers are assured of consistency in 

the packaging of the product they 

receive and market. Packing holidays 

can help reduce buildup of excess 

inventories in handlers’ warehouses. 

This can help to provide a more stable 

flow of product to market and relieve 

downward pressure on pricing. 

Collection and dissemination of handler 

information is useful to the industry in 

making production and marketing 

decisions. Finally, production research 

activities have helped the industry 

address specific issues that impact the 

growing of grapes in the production 

area. The quality control and inspection 

regulations are also applied to imported 

grapes under section 608e of the Act. 

Market research and development 

activities are authorized under the order 

but have not been implemented. Should 

the industry determine such programs 

may be beneficial in the future, it may 

choose 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 

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37618 Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Rules and Regulations 

review, USDA received five comments 

from interested parties. In general, the 

comments addressed issues that were 

the subject of a separate notice and 

comment informal rulemaking action 

concerning proposed changes to the 

regulatory period under the marketing 

order that was completed with 

publication of a final rule on February 

5, 2010 (75 FR 5879). It is noted that the 

commenters also submitted similar 

comments in response to that 

rulemaking action. The comments have 

been addressed in that rulemaking 

proceeding. 

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 California desert 

grapes. 

The marketing order was established 

in 1980. Since its inception, AMS and 

the California desert grape 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 Committee meets whenever 

needed 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 itself has never been 

amended since its inception, but several 

regulatory changes have been made 

through informal rulemaking, as noted 

above, to ensure the program continues 

to meet the industry’s needs. 

Accordingly, AMS has determined 

that the California desert grape 

marketing order should be continued. 

The marketing order was established to 

help the desert grape 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 

California desert grape industry in 

maintaining an effective program. 

Dated: June 22, 2011. 

Rayne Pegg, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2011–16136 Filed 6–27–11; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 955 

[Doc. No. AMS–FV–11–0016; FV11–955–1 

FR] 

Vidalia Onions Grown in Georgia; 

Change in Late Payment and Interest 

Requirements on Past Due 

Assessments 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: This rule changes the 

delinquent assessment requirements in 

effect under the marketing order for 

Vidalia onions grown in Georgia (order). 

The order regulates the handling of 

Vidalia onions grown in Georgia and is 

administered locally by the Vidalia 

Onion Committee (Committee). This 

rule establishes a late payment charge of 

10 percent on unpaid assessments that 

are 10 days past due and increases the 

interest rate applied to delinquent 

assessments from 1 percent to 1.5 

percent per month. This action should 

improve handler compliance with the 

assessment and reporting provisions of 

the order and help reduce the 

Committee’s collection expenditures. 

DATES: Effective Date: June 29, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Jennie M. Varela, Marketing Specialist, 

or Christian D. Nissen, Regional 

Manager, Southeast Marketing Field 

Office, Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA; Telephone: (863) 324– 

3375, Fax: (863) 325–8793, or E-mail: 

Jennie.Varela@ams.usda.gov or 

Christian.Nissen@ams.usda.gov. 

Small businesses may request 

information on complying with this 

regulation by contacting Laurel May, 

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: 

Laurel.May@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This final 

rule is issued under Marketing 

Agreement and Order No. 955, both as 

amended (7 CFR part 955), regulating 

the handling of Vidalia onions grown in 

Georgia, 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 final rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. This rule is not intended 

to have retroactive effect. 

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 final rule changes the delinquent 

assessment requirements in effect under 

the order. This rule establishes a late 

payment charge of 10 percent on unpaid 

assessments that are 10 days past due 

and increases the interest rate applied to 

delinquent assessments from 1 percent 

to 1.5 percent per month. The change 

was recommended unanimously by the 

Committee at a meeting on February 17, 

2011. 

Section 955.42 of the order provides 

authority for imposition of a late charge 

or interest rate or both on delinquent 

assessments. Section 955.142 of the 

order’s rules and regulations prescribes 

the requirements for delinquent 

assessments. Prior to this action, 

§ 955.142 specified that each handler 

pay an interest charge of 1 percent per 

month on any unpaid assessments and 

accrued unpaid interest beginning the 

day after the assessments are due. This 

rule modifies § 955.142 to include a 10 

percent late charge on delinquent 

assessments that are 10 days past due 

and increases the interest rate on 

delinquent assessments to 1.5 percent 

per month. 

The order requires handlers to pay to 

the Committee a pro rata assessment on 

the volume of onions handled. The 

volume of onions handled is based on 

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