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

3048

Vol. 63, No. 13

Wednesday, January 21, 1998

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 930

[Docket No. FV97–930–6 PR]

Tart Cherries Grown in the States of

Michigan, et al.; Final Free and

Restricted Percentages for the 1997–98

Crop Year for Tart Cherries

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Proposed rule.

SUMMARY: This proposal invites

comments on the establishment of final

free and restricted percentages for the

1997–98 crop year. The percentages are

55 percent free and 45 percent

restricted. These percentages would

establish the proportion of cherries from

the 1997 crop which may be handled in

normal commercial outlets and are

intended to stabilize supplies and

prices, and strengthen market

conditions. This proposed rule would

also establish the date by which

restricted percentage obligations must

be satisfied and a 30-day grace period.

This rule was recommended by the

Cherry Industry Administrative Board

(Board), which locally administers the

marketing order. The free and restricted

percentages in this proposal would not

apply to handlers in the districts of

Southwest Michigan, Oregon,

Pennsylvania, Washington and

Wisconsin.

DATES: Comments must be received by

February 5, 1998.

ADDRESSES: Interested persons are

invited to submit written comments

concerning this action. Comments must

be sent in triplicate to the Docket Clerk,

Fruit and Vegetable Division, AMS,

USDA, room 2525–S, P.O. Box 96456,

Washington, DC 20090–6456; Fax: (202)

720–5698. 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.

FOR FURTHER INFORMATION CONTACT:

Patricia A. Petrella or Kenneth G.

Johnson, Marketing Order

Administration Branch, Fruit and

Vegetable Division, AMS, USDA, room

2525–S, P.O. Box 96456, Washington,

DC 20090–6456; telephone: (202) 720–

2491. Small businesses may request

information on compliance with this

regulation by contacting: Jay Guerber,

Marketing Order Administration

Branch, Fruit and Vegetable Division,

AMS, USDA, P.O. Box 96456, room

2525–S, Washington, DC 20090–6456;

telephone: (202) 720–2491; Fax: (202)

720–5698.

SUPPLEMENTARY INFORMATION: This

proposal is issued under marketing

agreement and Order No. 930 (7 CFR

part 930), regulating the handling of tart

cherries produced in the States of

Michigan, New York, Pennsylvania,

Oregon, Utah, Washington, and

Wisconsin, 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. Under the marketing

order provisions now in effect, final free

and restricted percentages may be

established for tart cherries handled by

handlers during the crop year. This rule

establishes final free and restricted

percentages for tart cherries for the

1997–98 crop year, July 1, 1997, through

June 30, 1998. This rule would 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 the Secretary 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 requesting a modification of the

order or to be exempt therefrom. Such

handler is afforded the opportunity for

a hearing on the petition. After the

hearing, the Secretary 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 in

equity to review the Secretary’s ruling

on the petition, provided an action is

filed not later than 20 days after the date

of the entry of the ruling.

The order prescribes procedures for

computing an optimum supply and

preliminary and final percentages that

establish the amount of tart cherries that

can be marketed throughout the season.

Regulations setting free and restricted

percentages apply to all handlers of tart

cherries that are in the regulated

districts. Tart cherries in the free

percentage category may be marketed,

while restricted percentage cherries

must be held by handlers in a primary

or secondary reserve, or be diverted in

accordance with section 930.59. The

regulated Districts for this season are:

District one—Northern Michigan;

District two—Central Michigan; District

four—New York; and District seven—

Utah. Districts three, five, six, eight and

nine (Southwest Michigan, Oregon,

Pennsylvania, Washington, and

Wisconsin, respectively) would not be

regulated for the 1997–98 season.

The order prescribes under section

930.52 that the districts to be regulated

shall be those districts in which the

average annual production of cherries

over the prior three years has exceeded

15 million pounds. Districts not meeting

the 15 million pound requirement

would not be regulated. Therefore, for

this season, handlers in the districts of

Oregon, Pennsylvania, Washington, and

Wisconsin would not be subject to

volume regulation. In addition,

Southwest Michigan handlers would

not be subject to volume regulation this

season because their estimated

production fell below 50 percent of the

average annual processed production in

that district in the previous five years.

Section 930.52(d) of the order provides

that when this occurs that district

would be exempt from any volume

regulation if, in that year, a restricted

percentage is established. Southwest

Michigan’s tart cherry production was

subjected to a freeze during early bud

development that reduced its crop yield

for the 1997 season.

Section 930.50(a) describes

procedures for computing an optimum
Federal Register / Vol. 63, No. 13 / Wednesday, January 21, 1998 / Proposed Rules 3049

supply for each crop year. The Board

must meet on or about July 1 to review

sales data, inventory data, current crop

forecasts and market conditions in order

to establish an optimum supply level for

the crop year. The optimum supply is

calculated as 100 percent of the average

sales of the prior three years to which

shall be added a desirable carryout

inventory not to exceed 20 million

pounds or such other amount as the

Board, with the approval of the

Secretary may establish. The optimum

supply represents the desirable volume

of tart cherries that should be available

for sale in the coming crop year. This

optimum supply volume shall be

announced by the Board in accordance

with section 930.50(h).

The order also provides that on or

about July 1 of each crop year, the Board

should establish a preliminary free

market tonnage percentage based on the

optimum supply formula. To calculate

such percentage the Board should

deduct the carryin inventory to

determine the tonnage requirements

(adjusted to raw product equivalent—

the actual weight of cherries handled to

process into cherry products) for the

current crop year which will be

subtracted by the current year USDA

crop forecast. If the resulting number is

positive, this would represent the

estimated over-production which would

need to be the restricted percentage

tonnage. This restricted percentage

tonnage would then be divided by the

sum of the USDA crop forecast for the

regulated districts to obtain the

percentages for the regulated districts. If

the resulting quotient is 100 percent or

more, the Board should establish a

preliminary free market tonnage

percentage of 100 percent. If the

quotient is less than 100 percent, the

Board should establish a preliminary

restricted tonnage percentage equivalent

to the quotient, rounded to the nearest

whole number, with the compliment

being the preliminary free tonnage

percentage.

The Board met on June 26–27, 1997,

and computed, for the 1997–98 crop

year, an optimum supply of 247 million

pounds. This number was calculated by

using 270 million pounds for the

average three year sales figure and

subtracting 23 million pounds for

exports that could have received

diversion credit. The Board

recommended that the carryout figure

be zero pounds. The Board calculated

preliminary free and restricted

percentages as follows: The optimum

supply was 247 million pounds; a 70

million pound carryin subtracted from

that yielded a tonnage requirement for

the current crop year of 177 million

pounds. The tonnage requirement for

the current crop year was subtracted

from the USDA crop estimate of 242

million pounds, resulting in an

estimated restricted percentage tonnage

of 65 million pounds of tart cherries.

The estimated restricted percentage

tonnage was divided by the USDA crop

estimate for the regulated districts of

192 million pounds which resulted in

66 percent free and 34 percent restricted

for the 1997–98 season. The Board

recommended these percentages by a 17

to 1 vote. No reason was provided for

the one dissenting vote. The Board

recommended the percentages and

announced them to the industry as

required by the order.

The preliminary percentages were

based on the USDA production estimate

and the following supply and demand

information for the 1997–98 crop year:

Millions of

pounds

Optimum Supply Formula

(1) Average sales of the prior three years .............................................................................................................................................. 270

(2) Plus carryout ...................................................................................................................................................................................... 0

(3) Less amount for exports that would have received diversion credit ................................................................................................. 23

(4) Optimum Supply calculated by the Board at the June meeting ........................................................................................................ 247

Preliminary Percentages

(5) Less carryin as of July 1, 1997 .......................................................................................................................................................... 70

(6) Tonnage requirement for current crop year ....................................................................................................................................... 177

(7) USDA crop estimate ........................................................................................................................................................................... 242

(8) Estimated restricted percentage tonnage (item 7 minus item 6) ....................................................................................................... 65

(9) USDA crop estimate for regulated districts ........................................................................................................................................ 192

Percentages Free Restricted

(10) Preliminary percentages (item 8 divided by item 9)×100 ........................................................................................ 66 34

The Board may adjust the estimated

crop production as the actual pack is

realized and interim percentages may be

announced between July 1 and

September 15 of the crop year.

Section 930.50(d) of the order requires

the Board to meet no later than

September 15 to recommend final free

and restricted percentages to the

Secretary. The Board met on September

11–12, 1997, and recommended final

free and restricted percentages of 55 and

45, respectively. At that time, the Board

had available actual production

amounts to review and made the

necessary adjustments to the

percentages. The Board used a revised

optimum supply figure of 270 million

pounds for its final percentage

calculations because it was determined

that exports of 23 million pounds

should not have been deducted from the

average sales figure.

A 70 million pound carryin was

subtracted from the optimum supply,

which yields a tonnage requirement for

the current crop year of 200 million

pounds. The actual production reported

by the Board was 284 pounds, a 42

million pound increase from the USDA

crop estimate. The increase in the crop

was due to very favorable growing

conditions in portions of the State of

Michigan this season. Subtracted from

the Board reported production is the

tonnage required for the current crop

year (200 million pounds) which results

in an 84 million pound surplus. An

adjustment for changed economic

conditions of 23 million pounds was

added to the surplus, pursuant to

section 930.50(f). This adjustment is

discussed later in this document. This

yielded a total surplus of 107 million

pounds of tart cherries. The free and

restricted percentages would only apply

to those handlers in regulated districts.

Therefore, the percentages would be

calculated by dividing the restricted

tonnage volume by the regulated

districts’ production. The total surplus
3050 Federal Register / Vol. 63, No. 13 / Wednesday, January 21, 1998 / Proposed Rules

of 107 million pounds is divided by the

239 million pound volume of tart

cherries produced in the regulated

districts. This results in a 45 percent

restricted percentage and a

corresponding 55 percent free

percentage for those districts that would

be regulated.

Section 930.51(d) provides that the

Board, with the approval of the

Secretary, shall develop rules and

regulations which shall provide

guidelines for handlers in complying

with any restricted tonnage

requirements, including but not limited

to, a grace period of at least 30 days to

segregate and appropriately document

any tonnage they wish to place in the

inventory reserve and to assemble any

applicable diversion certificates. A

previous rulemaking action published

in the Federal Register on January 6,

1998, [63 FR 399], provided such

guidelines. However, that action did not

establish a date by which restricted

tonnage requirements must be satisfied

or a 30-day grace period. This rule

proposes to require that restricted

tonnage obligations must be met when

this proposed rule becomes final with a

30-day grace period added to that date.

The final percentages are based on the

Board’s reported production figures and

the following supply and demand

information for the 1997–98 crop year:

Millions of

pounds

Optimum Supply Formula

(1) Average sales of the prior three years .............................................................................................................................................. 270

(2) Plus carryout ...................................................................................................................................................................................... 0

(3) Optimum Supply calculated by the Board at the September meeting .............................................................................................. 270

Final Percentages

(4) Less carryin as of July 1, 1997 .......................................................................................................................................................... 70

(5) Tonnage required current crop year .................................................................................................................................................. 200

(6) Board reported production ................................................................................................................................................................. 284

(7) Surplus (item 6 minus item 5) ............................................................................................................................................................ 84

Modification to Marketing Policy

(8) Economic adjustment to surplus ........................................................................................................................................................ 23

(9) Adjusted surplus (item 7 plus item 8) ................................................................................................................................................ 107

(10) Production in regulated districts ....................................................................................................................................................... 239

Percentages Free Restricted

(11) Final Percentages (item 9 divided by item 10)×100 ................................................................................................ 55 45

As previously mentioned, the Board

had made an earlier recommendation to

modify the optimum supply formula by

defining average sales to not include

exports that were granted diversion

credit. However, it was determined that

exports should not have been subtracted

from the average sales figure. The Board

thus recommended at its September

meeting that the marketing policy be

modified by 23 million pounds due to

changes in economic conditions as

provided under section 930.50(e)(5) and

(7) and (f).

By recommending the 23 million

pound modification, the Board believes

that it will provide stability to the

marketplace and the industry will be in

a better situation for future years since

new markets will have been developed.

Board members discussed at that

meeting that, if this adjustment is not

made, growers, due to an abundant

supply of available tart cherries, could

be paid less than their production costs,

because handlers could suffer financial

losses. Handlers might have to default

or renegotiate contracts with buyers due

to additional cherries being available on

the domestic market, which could have

a depressing impact on prices received

for all tart cherries. These costs would

likely be passed on to growers. In

addition, the value of cherries already in

inventory could be depressed by 20 to

50 percent due to a 23 million pound

increase to an already abundant supply

of available cherries, a result

inconsistent with the intent of the order.

The changes in economic conditions

that caused the Board to modify its

marketing policy are as follows: (1) the

determination that export sales could

not be subtracted from the optimum

supply formula calculation was made

late in the season; (2) handlers had

made marketing plans, sales and sales

commitments (including exports) based

on the Board’s recommendations made

in March and June; and (3) prices

received for tart cherries and tart cherry

products would be severely impacted by

an additional large volume of cherries

being made available to the market

when there is already an abundant

supply of cherries.

USDA’s ‘‘Guidelines for Fruit,

Vegetable, and Specialty Crop

Marketing Orders’’ provide that 110

percent of recent years’ sales should be

made available to primary markets each

season before recommendations for

volume regulation are approved. This

goal would be met by the establishment

of a final percentage which releases 100

percent of the optimum supply and the

additional release of tart cherries

provided under section 930.50(g). This

release of tonnage, equal to 10 percent

of the average sales of the prior three

years sales, is made available to

handlers each season. The Board will

make such cherries available to handlers

for one or more weeks during the crop

year. Handlers can decide how much of

the 10 percent release they would like

to receive during such releases. Once

released, such cherries are released for

free use by such handler.

Approximately 27 million pounds

should be made available to handlers

this season in accordance with USDA

Guidelines. This release would be made

available to every handler and released

to such handler in proportion to its

percentage of the total regulated crop

handled. If such handler does not take

such handler’s proportionate amount,

such amount shall remain in the

inventory reserve.

The Regulatory Flexibility Act and

Effects on Small Businesses

The Agricultural Marketing Service

(AMS) has considered the economic

impact of this action on small entities

and has prepared this initial regulatory

flexibility analysis. The Regulatory

Flexibility Act (RFA) would allow AMS

to certify that regulations do not have a

significant economic impact on a

substantial number of small entities.
Federal Register / Vol. 63, No. 13 / Wednesday, January 21, 1998 / Proposed Rules 3051

However, as a matter of general policy,

AMS’ Fruit and Vegetable Programs

(Programs) no longer opt for such

certification, but rather perform

regulatory flexibility analyses for any

rulemaking that would generate the

interest of a significant number of small

entities. Performing such analyses shifts

the Programs’ efforts from determining

whether regulatory flexibility analyses

are required to the consideration of

regulatory options and economic or

regulatory impacts.

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 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 40 handlers

of tart cherries who are subject to

regulation under the tart cherry

marketing order and approximately

1,220 producers of tart cherries in the

regulated area. Small agricultural

service firms, which includes handlers,

have been defined by the Small

Business Administration (13 CFR

121.601) as those having annual receipts

of less than $5,000,000, and small

agricultural producers are defined as

those having annual receipts of less than

$500,000.

Marketing order board and

subcommittee meetings are widely

publicized in advance and are held in

a location central to the production area.

The meetings are open to all industry

members and entities (including small

business entities) and other interested

persons—who are encouraged to

participate in the deliberations and

voice their opinions on topics under

discussion. Thus, Board

recommendations usually represent the

interests of both small and large

business entities in the industry.

The principal demand for tart cherries

is in the form of processed products.

Tart cherries are dried, frozen, canned,

juiced and pureed. During the period

1993/94 through 1996/97,

approximately 94 percent of the U.S.

tart cherry crop, or 285.7 million

pounds, was processed annually. Of the

285.7 million pounds of tart cherries

processed, 63 percent was frozen, 32

percent canned and 3 percent utilized

for juice. The remaining 2 percent was

dried or assembled into juice packs.

Based on National Agricultural

Statistics Service data, acreage in the

United States devoted to tart cherry

production has been trending

downward since the 1991/92 season. In

the ten-year period, 1986/87 through

1996/97, tart cherry area decreased from

48,180 acres, to less than 42,000 acres.

Approximately 78 percent of domestic

tart cherry acreage is located in four

States: Michigan, New York, Utah and

Wisconsin. Michigan leads the nation in

tart cherry acreage with 65 percent of

the total. Michigan produces about 72

percent of the U.S. tart cherry crop each

year. In 1996/97, tart cherry acreage in

Michigan was down 2,700 acres, to

27,300.

In crop years 1986 through 1993, tart

cherry production ranged from a high of

359 million pounds in 1987 to a low of

189.9 million pounds in 1991. The price

per pound to tart cherry growers ranged

from a low of 7.3 cents in 1987 to a high

of 46.4 cents in 1991. These problems of

wide supply and price fluctuation in the

tart cherry industry are national in

scope and impact. Growers testified

during the order promulgation process

that the average prices of 12 to 17 cents

per pound which they received during

this period did not come close to

covering the costs of production for the

vast majority of tart cherry growers.

They also testified that production costs

for most growers range between 20 and

22 cents per pound, which is well above

average prices received.

As previously stated, this is the first

year of operation for this marketing

order. The industry demonstrated a

need for such order during the order

promulgation process based on the

argument that large variations in annual

tart cherry supplies and prices tend to

lead to disorderly marketing. As a result

of these fluctuations in supplies and

prices, growers realize a smaller return

for their crop. Therefore, the industry

elected the establishment of a volume

control marketing order to even out the

wide variations in supply and thereby

improve returns to growers. During the

promulgation process, proponents

testified that small growers and

processors would have the most to gain

from implementation of a marketing

order because many such growers and

handlers have been going out of

business over most of the last eight

years due to low tart cherry prices. They

also testified that, since an order would

help increase grower returns, this

should increase the buffer between

business success and failure because

small growers and handlers tend to be

less capitalized than larger growers and

handlers.

In discussing the possibility of

marketing percentages for the 1997–98

crop year, the Board considered: (1) The

estimated and actual total production of

tart cherries; (2) the estimated and

actual size of the crop to be handled; (3)

the expected and actual general quality

of such cherry production; (4) the

expected and actual carryover as of July

1 of canned and frozen cherries and

other cherry products; (5) the expected

demand conditions for cherries in

different market segments; (6) supplies

of competing commodities; (7) an

analysis of economic factors having a

bearing on the marketing of cherries; (8)

the estimated tonnage held by handlers

in primary or secondary inventory

reserves; and (9) any estimated release

of primary or secondary inventory

reserve cherries during the crop year.

The Board’s review of these factors

resulted in the computation and

announcement in July 1997 of

preliminary free and restricted

percentages, and subsequent

recommendation of interim and final

percentages at its September meeting. At

its September 1997 meeting, the Board

recommended that the interim

percentages and final percentages (55

percent free and 45 percent restricted)

be the same percentages.

The Board considered the fact that the

demand for tart cherries is inelastic at

high and low levels of production. At

the extremes, various factors become

operational. The promulgation record

stated that when crops are very low

there is limited but sufficient exclusive

demand for cherries that can cause

processor prices to double and grower

prices to triple. In the event of large

crops, there seems to be no price low

enough to expand tart cherry sales in

the marketplace sufficient to market the

crops. This year the crop has been a

large one.

The Board discussed alternatives to

the volume recommendation including

not having volume regulation this

season. Board members stated that no

volume regulation would be detrimental

to the tart cherry industry. Returns to

growers would not even cover their

production costs for this season causing

some to go out of business.

The Board also discussed not granting

exemptions, and diversion credit for

such exemptions, for exports to eligible

countries (including juice and juice

concentrate), other exempt uses, and

charitable donations. However, the

Board felt this would not be in the best

interest of the industry or the public.

The Board expressed that not allowing

the export and other exemptions would

have a detrimental effect on the market

this season if free and restricted

percentages are imposed. Without such

exemptions and diversion credits for

export sales, new market development

and other specified uses, about 50
3052 Federal Register / Vol. 63, No. 13 / Wednesday, January 21, 1998 / Proposed Rules

million pounds of cherries would not be

removed from the domestic market this

season, depressing grower returns for all

cherries. The marketing order was

designed to increase grower returns by

stabilizing supplies with demand as

well as stabilizing prices and creating a

more orderly and predictable marketing

environment. Expanding markets and

developing new products is key to

meeting this marketing order’s goals.

Not granting exemptions and

diversion credit for exports to countries

other than Canada, Mexico, and Japan

was also discussed at Board meetings.

However, the Board expressed that this

recommendation is very important to

creating stable conditions in the export

marketplace this season and would

encourage future market growth. The

Board further stated that such action

will improve returns to growers because

of the tremendous growth in the export

market this season. Exemptions and

diversion credit have been addressed in

other rulemaking actions.

As mentioned earlier, USDA’s

‘‘Guidelines for Fruit, Vegetable, and

Specialty Crop Marketing Orders’’

specify that 110 percent of recent years’

sales should be made available to

primary markets each season before

recommendations for volume regulation

are approved. The quantity available

under this rule is 110 percent of the

quantity shipped in the prior three

years.

The free and restricted percentages

proposed to be established by this rule

release the optimum supply and apply

uniformly to all regulated handlers in

the industry, regardless of size. There

are no known additional costs incurred

by small handlers that are not incurred

by large handlers. The stabilizing effects

of the percentages impact all handlers

positively by helping them maintain

and expand markets, despite seasonal

supply fluctuations. Likewise, price

stability positively impacts all

producers by allowing them to better

anticipate the revenues their tart

cherries will generate.

USDA has not identified any relevant

Federal rules that duplicate, overlap, or

conflict with this proposed regulation.

While the level of benefits of this

rulemaking are difficult to quantify, the

stabilizing effects of the volume

regulations impact both small and large

handlers positively by helping them

maintain markets even though tart

cherry supplies fluctuate widely from

season to season.

Interested persons are invited to

submit information on the regulatory

and informational impacts of this action

on small businesses.

Paperwork Reduction

In compliance with Office of

Management and Budget (OMB)

regulations (5 CFR part 1320) which

implement the Paperwork Reduction

Act of 1995 (Pub. L. 104–13), the

information collection and

recordkeeping requirements have been

previously approved by OMB and the

assigned OMB Number 0581–0177.

There are some reporting,

recordkeeping and other compliance

requirements under the marketing order.

The reporting and recordkeeping

burdens are necessary for compliance

purposes and for developing statistical

data for maintenance of the program.

The forms related to handler diversion

and handlers meeting restricted

percentage obligations (i.e., Inventory

Reserve Summary, Cherries Acquired

From Producers, Handler Reserve Plan

and Final Pack Report, and Inventory

Location Report) have received approval

by OMB. The forms require information

which is readily available from handler

records and which can be provided

without data processing equipment or

trained statistical staff. It was

anticipated that as many as 45 handlers

might be regulated if volume regulations

are established. Many reports are

submitted a single time each season,

while some are submitted more

frequently. In addition, the bulk of the

information handlers must report is

obtained during the normal course of

their business operations. It would take

handlers approximately 15 minutes per

report to complete for a total of 60

minutes per handler and approximately

2,700 minutes annually for the

estimated 45 handlers. As with other,

similar marketing order programs,

reports and forms are periodically

studied to reduce or eliminate duplicate

information collection burdens by

industry and public sector agencies.

This proposed rule does not change

those requirements.

A 15-day comment period is provided

to allow interested persons to respond

to this proposal. Fifteen days is deemed

appropriate because this rule needs to

be in place as soon as possible since

handlers are currently marketing 1997–

98 crop tart cherries and this action

should be taken promptly to achieve the

intended purpose of making the

optimum supply quantity computed by

the Board available to handlers. All

written comments timely received will

be considered before a final

determination is made on this matter.

List of Subjects in 7 CFR Part 930

Marketing agreements, Reporting and

recordkeeping requirements, Tart

cheeries.

For the reasons set forth in the

preamble, 7 CFR part 930 is proposed to

be amended as follows:

PART 930—TART CHERRIES GROWN

IN THE STATES OF MICHIGAN, NEW

YORK, PENNSYLVANIA, OREGON,

UTAH, WASHINGTON, AND

WISCONSIN

1. The authority citation for 7 CFR

part 930 continues to read as follows:

Authority: 7 U.S.C. 601–674.

2. A new Subpart—Supplementary

Regulations consisting of § 930.250 is

added to read as follows:

Note: This subpart will consist of handling

regulations which will not appear in the

annual Code of Federal Regulations.

Subpart—Supplementary Regulations

§ 930.250 Final free and restricted

percentages for the 1997–98 crop year.

The final percentages for tart cherries

handled by handlers in volume

regulated districts during the crop year

beginning on July 1, 1997, which shall

be free and restricted, respectively, are

designated as follows: Free percentage,

55 percent and restricted percentage, 45

percent. Restricted percentage

obligations must be satisfied on or

before the effective date of this rule. A

grace period of 30 days will be allowed

for handlers to segregate and

appropriately document any tonnage

they wish to place in the inventory

reserve and to assemble any applicable

diversion certificates.

Dated: January 15, 1998.

Robert C. Keeney,

Deputy Administrator, Fruit and Vegetable

Programs.

[FR Doc. 98–1429 Filed 1–20–98; 8:45 am]

BILLING CODE 3410–02–P

NUCLEAR REGULATORY

COMMISSION

10 CFR Part 50

[Docket No. PRM–50–63A]

Peter G. Crane; Receipt of an Amended

Petition for Rulemaking, Extension of

Comment Period

AGENCY: Nuclear Regulatory

Commission.

ACTION: Amended petition for

rulemaking: extension of comment

period.