[Federal Register Volume 74, Number 106 (Thursday, June 4, 2009)]
[Proposed Rules]
[Pages 26806-26810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12995]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

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.

========================================================================


Federal Register / Vol. 74, No. 106 / Thursday, June 4, 2009 / 
Proposed Rules

[[Page 26806]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 920

[Doc. No. AMS-FV-08-0017; FV08-920-2 PR]


Kiwifruit Grown in California; Change in Reporting Requirements 
and New Information Collection

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: This rule invites comments on proposed changes to the 
reporting requirements currently prescribed under the marketing order 
that regulates the handling of kiwifruit grown in California. The order 
is administered locally by the Kiwifruit Administrative Committee 
(Committee). This rule would require handlers who ship 100,000 or more 
trays per season to file weekly shipment and price information with the 
Committee. Shipments of organic kiwifruit would be exempt from this 
requirement. The Committee would use this information to prepare its 
marketing policy statements and annual reports and to provide timely 
information to the industry to assist them in making marketing 
decisions throughout the season. This proposal also announces the 
Agricultural Marketing Service's (AMS) intention to request approval 
from Office of Management and Budget (OMB) of a new information 
collection.

DATES: Comments on the proposed rulemaking must be received by August 
3, 2009. Pursuant to the Paperwork Reduction Act (44 U.S.C. Chapter 
35), comments on the information collection burden that would result 
from this proposal must be received by August 3, 2009.

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 made available for public inspection in the Office of the 
Docket Clerk during regular business hours, or can be viewed at: http://www.regulations.gov. All comments submitted in response to this rule 
will be included in the record and will be made available to the 
public. Please be advised that the identity of the individuals or 
entities submitting the comments will be made public on the Internet at 
the address provided above.

FOR FURTHER INFORMATION CONTACT: Debbie Wray, 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: 
<a href="/cdn-cgi/l/email-protection#aeeacbccccc7cb80f9dccfd7eecfc3dd80dbddcacf80c9c1d8"><span class="__cf_email__" data-cfemail="aaeecfc8c8c3cf84fdd8cbd3eacbc7d984dfd9cecb84cdc5dc">[email protected]</span></a> or <a href="/cdn-cgi/l/email-protection#f0bb858284debb999d9d959cb0919d83de85839491de979f86"><span class="__cf_email__" data-cfemail="f3b8868187ddb89a9e9e969fb3929e80dd86809792dd949c85">[email protected]</span></a>.
    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: <a href="/cdn-cgi/l/email-protection#7d371c04533a08180f1f180f3d1c100e53080e191c531a120b"><span class="__cf_email__" data-cfemail="bbf1dac295fccedec9d9dec9fbdad6c895cec8dfda95dcd4cd">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: This proposal is issued under Marketing 
Order No. 920 as amended (7 CFR part 920), regulating the handling of 
kiwifruit grown in 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 proposal 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 proposal invites comments on changes to the reporting 
requirements authorized under the order. This rule would add a new 
reporting requirement and form to those currently specified in the 
order's administrative rules and regulations. This change would allow 
the Committee to collect weekly shipment and price information from 
kiwifruit handlers who ship 100,000 or more trays per season. Under 
this proposed regulation, handlers would not be required to provide 
weekly shipment and price information on shipments of organic 
kiwifruit. The information collected would be used by the Committee to 
prepare its marketing policy statement as required under the order. The 
information would also be used to generate timely reports for the 
industry as a whole to use in making marketing decisions throughout the 
season. This proposal was recommended by the Committee at its meetings 
on September 6, 2007; January 30, 2008; and April 22, 2008.
    Section 920.34 of the order requires the Committee to prepare an 
annual report for presentation to the Secretary and the industry. The 
annual report provides a cumulative review of industry statistics as 
well as information about program activities and expenditures. Section 
920.50 of the order requires the Committee to prepare an annual 
marketing policy report for submission to the Secretary. The marketing 
policy describes expected kiwifruit production, quality, and marketing 
conditions. Along with other

[[Page 26807]]

pertinent information, the marketing policy provides the basis for the 
recommendation of appropriate kiwifruit handling regulations for the 
upcoming season. Section 920.60 of the order authorizes the Committee 
to require handlers to file reports and provide other information as 
may be necessary for the Committee to perform these duties. The 
provisions of Sec.  920.60(c) require that handlers maintain copies of 
all kiwifruit receipts and disposals for at least two succeeding fiscal 
years to verify their shipping reports.
    The Committee's current reporting requirements are specified in 
Sec.  920.160 of the order's administrative rules and regulations. This 
section includes requirements that handlers submit shipment reports and 
the Kiwifruit Inventory Shipping System (KISS) form, which consists of 
three reports: KISS/Add Inventory, KISS/Deduct Inventory, and KISS/
Shipment.
    Handlers who ship fewer than 10,000 trays per season are only 
required to file the shipment report twice per year and are not 
required to file the KISS form. Handlers who ship 10,000 trays or more 
per season are required to file the shipment report monthly and all 
three sections of the KISS form monthly or semi-monthly during certain 
months. The Committee provides forms to assist handlers with supplying 
the required information.
    Kiwifruit shipments generally begin in September and continue 
through July. The Committee requires handlers who ship 10,000 trays or 
more to file their initial shipment reports by the fifth day of the 
month following the month in which their first shipments are made. This 
report is used to track shipments by type, weight, and destination.
    The Committee has established November 5 as the deadline for filing 
the initial KISS reports. Subsequent reports are to be filed on the 
fifth day of each month throughout the season, with biweekly reports 
required for the months of December, January, and February. The KISS/
Shipment report is used to report shipments by fruit size and pack 
type. The KISS/Add Inventory and KISS/Deduct Inventory reports are used 
to report changes in inventory.
    This proposed rule would revise Sec.  920.160 by adding a new 
reporting requirement and form. Under the new regulation, handlers who 
ship 100,000 tray equivalents or more per season to would be required 
to submit weekly shipment and price data on the new KISS Price/Shipment 
report form. The information collected on the KISS Price/Shipment 
report would include data on gross f.o.b. sales and the total number of 
containers shipped by pack, fruit size, grade, and market destination. 
Handlers submitting the KISS Price/Shipment report would no longer be 
required to submit the existing shipment report or KISS/Shipment report 
as that information would be collected on the new KISS Price/Shipment 
report. However, handlers submitting the KISS Price/Shipment report 
would still be responsible for filing the KISS/Add Inventory and KISS/
Deduct Inventory reports.
    The Committee recommended the 100,000 tray threshold because 
handlers shipping 100,000 trays or more account for approximately 90% 
of the production area's total shipments in a season. Committee members 
believe that information on such shipments would provide a sufficiently 
broad picture of ongoing marketing conditions. Information about the 
volume of kiwifruit in the current channels of commerce would be 
compiled by the Committee and reported to the industry. The Committee 
believes that such information provided throughout the season would 
benefit the industry as a whole when making marketing decisions.
    While information from handlers with total shipments of fewer than 
100,000 trays each season might not be significant on a weekly basis, 
such information would continue to be collected from those handlers on 
the other existing shipment and KISS reports and would be used to 
generate the Committee's marketing policy statements and annual 
reports.
    The current reporting requirements make no provisions for 
collecting information on kiwifruit prices. The Committee believes that 
the industry as a whole would benefit from receiving gross f.o.b. sales 
information that would be collected by the Committee each week and used 
to generate timely industry reports. In the past, the Committee has 
used information from other sources to prepare their mandatory reports 
and provide updates to the industry, but Committee members feel that 
information from such sources no longer meets their needs. For example, 
one voluntary industry organization collects and reports weekly price 
information from participating handlers. Some industry members have 
found this information helpful in making marketing decisions in the 
past. However, Committee members report that the number of 
participating handlers has declined and that the information collected 
from the remaining participants may not provide as complete a picture 
of ongoing marketing conditions as the Committee would like. The 
Committee believes that compiling sales information from all large-
volume kiwifruit handlers in the production area would be more 
reflective of--and would be of greater benefit to--the industry as a 
whole.
    There can be significant differences in the price of kiwifruit 
throughout the season, including great fluctuations in prices from week 
to week. The Committee believes that having accurate and timely sales 
information would help to reduce these price fluctuations and promote 
orderly marketing, resulting in increased grower returns.
    Under the proposed change, handlers would not be required to report 
shipments of organically-produced (organic) kiwifruit on the new KISS 
Price/Shipment report. There are only a small number of handlers who 
handle organic kiwifruit, representing a small percentage of total 
shipments. Organic kiwifruit has its own unique marketing conditions 
with a pricing structure that differs from that of conventionally-
produced (conventional) kiwifruit. Therefore, the Committee recommended 
that shipments of organic kiwifruit should be exempt from the new 
reporting requirements. However, organic kiwifruit shipments would 
continue to be reported as required on the appropriate existing 
Committee forms.
    Kiwifruit handlers who ship between 10,000 and 100,000 trays or 
tray equivalents would continue to report by submitting monthly 
shipping reports and the existing KISS forms, including the KISS/
Shipment reports. The reporting requirements for handlers shipping 
fewer than 10,000 tray equivalents would also remain the same. Also, 
the reporting exemption for minimum quantities of kiwifruit handled 
under certain conditions specified in Sec.  920.110(b) would remain 
unchanged.
    For the new KISS Price/Shipment report, the shipping week would be 
defined as Sunday through Saturday. Reports for each shipping week 
would be due no later than 5 p.m. (the close of business) on Tuesday of 
the following week to insure timely processing of current shipment and 
price information. Handlers would begin reporting following the first 
week of the season in which they have shipments. In weeks when no 
shipments are made, each handler would still be required to file a 
report indicating that no shipments were made during the reporting 
period. This would continue until the handler files a final report for 
the season. The new reporting form proposed by the Committee would have 
a space for handlers to indicate when they are filing

[[Page 26808]]

their final reports of the season. The price data and shipping 
information received from all affected handlers would be compiled by 
the Committee and presented to the industry throughout the season in 
the form of general reports. At the end of each year, the information 
collected would be summarized and used to prepare the Committee's 
annual reports and marketing policy statements.
    This rule would also make a correction to Sec.  920.160(b). A final 
rule published in the Federal Register on December 10, 1996 [61 FR 
64959], made changes to Sec.  920.160(b) and inadvertently removed part 
of the section. Specifically, the last sentence of Sec.  920.160(b), 
which specifies the frequency with which the KISS reports shall be 
filed as well as what information shall be included, was removed. This 
rule would restore the language that was inadvertently removed.
    Section 8e of the Act provides that when certain domestically 
produced commodities, including kiwifruit, are regulated under a 
Federal marketing order, imports of that commodity must meet the same 
or comparable grade, size, quality, and maturity requirements. This 
rule would only change the reporting requirements under the domestic 
handling regulations. No changes to the import regulations would be 
made.

Initial Regulatory Flexibility Analysis

    Pursuant to requirements set forth in the Regulatory Flexibility 
Act (5 U.S.C. 601-612) (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 rules issued thereunder, are unique in that 
they are brought about through group action of essentially small 
entities acting on their own behalf.
    Small agricultural service firms are defined by the Small Business 
Administration (SBA) (13 CFR 121.201) as those having annual receipts 
of less than $7,000,000, and small agricultural producers are defined 
as those having annual receipts of less than $750,000.
    Based on Committee data, there are approximately 30 handlers of 
kiwifruit subject to regulation under the marketing order and 
approximately 220 kiwifruit growers in the production area. According 
to information provided by the Committee, approximately three handlers 
handle only organic kiwifruit, and four handle both conventional and 
organic kiwifruit.
    The California Agricultural Statistical Service (CASS) reported 
total California kiwifruit production for the 2006-07 season at 26,100 
tons with an average price of $911 per ton. Based on the average price 
and shipment information provided by the CASS and the Committee, it 
could be concluded that the majority of kiwifruit handlers would be 
considered small businesses under the SBA definition. In addition, 
based on kiwifruit production and price information, as well as the 
total number of California kiwifruit growers, the average annual grower 
revenue is less than $750,000. Thus, the majority of California 
kiwifruit producers may also be classified as small entities.
    This proposal would change the reporting requirements currently 
prescribed under the order. This rule would add a new reporting 
requirement and form to the reporting requirements, which would allow 
the Committee to collect weekly shipment and price information from 
kiwifruit handlers who ship 100,000 or more trays per season. Handlers 
would not be required to report information on shipments of organic 
kiwifruit on this new form, but would continue to report shipments of 
organic kiwifruit on existing Committee forms. This change would help 
the Committee develop its annual reports and marketing policy 
statements as required under the order and would enable the Committee 
to provide timely information to the industry as a whole to assist with 
marketing decisions. This rule would revise Sec.  920.160, which 
specifies the reporting requirements. In addition to the new shipping 
and price information collection, this rule would restore a portion of 
Sec.  920.160(b) that was inadvertently removed from the regulation 
during a previous rulemaking action. Authority for the collection of 
shipment and other information is provided in Sec.  920.60 of the 
order.
    Requiring shipment and price reports on a weekly basis would impose 
an additional reporting burden on handlers who handle 100,000 or more 
tray equivalents of kiwifruit. However, this data is already being 
recorded and maintained by most handlers as a routine part of their 
business. Consequently, any additional costs associated with this 
change are expected to be minimal. Also, the benefits of having timely 
information regarding shipments and price are expected to outweigh any 
costs associated with the increase in reporting burden. While this 
change would impose an additional reporting burden on those handlers 
required to submit the KISS Price/Shipment report, those handlers would 
no longer be required to submit the shipment report or the KISS/
Shipment report, which would offset somewhat the increase in burden. 
Further, the benefits of this rule are expected to be equally available 
to all industry members, regardless of their size.
    The Committee discussed alternatives to this action, including 
making no changes to the reporting requirements. However, the Committee 
believes that collecting weekly shipment and price data would provide 
valuable information to the industry. The Committee also considered 
using weekly sales information collected by other entities. However, 
the Committee believes including the proposed information collection 
under the order's rules and regulations would make the reports they 
generate more accurate, and more reflective of the marketing conditions 
throughout the industry. Therefore, both alternatives were rejected.
    This proposal would establish a new reporting requirement. This 
action would also require a new Committee form, the KISS Price/Shipment 
report. Therefore, this proposed rule would impose an additional 
reporting burden on handlers who handle 100,000 tray equivalents or 
more of kiwifruit, which is discussed in the Paperwork Reduction Act 
section of this document.
    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. USDA has not 
identified any relevant Federal rules that duplicate, overlap or 
conflict with this rule.
    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 meetings were widely publicized throughout 
the kiwifruit industry and all interested persons were invited to 
attend the meetings and participate in Committee deliberations on all 
issues. Like all Committee meetings, the September 6, 2007; January 30, 
2008; and April 22, 2008; meetings were public meetings and all 
entities, both large and small, were able to express views on this 
issue. Finally, interested persons are invited to submit information on 
the regulatory

[[Page 26809]]

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/AMSv1/ams.fetchTemplateData.do?template=TemplateN&page=MarketingOrdersSmallBusinessGuide. 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 60-day comment period is provided for interested persons to 
comment on this proposal. All written comments timely received will be 
considered before a final determination is made on this matter.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
Chapter 35), this notice announces that AMS is requesting approval from 
the Office of Management and Budget (OMB) for a new information 
collection request, under OMB No. 0581-NEW. Upon approval of this new 
collection by OMB, it will be merged with the forms currently approved 
for use under OMB No. 0581-0189, Generic OMB Fruit Crops.
    Title: Kiwifruit Grown in California; Marketing Order No. 920.
    OMB Number: 0581-NEW.
    Type of Request: New collection.
    Abstract: The information collection requirements in this request 
are essential to carry out the intent of the Act, to provide the 
respondents the type of service they request, and to administer the 
California kiwifruit marketing order program, which has been operating 
since 1984.
    On April 22, 2008, the Committee unanimously recommended a new KISS 
Price/Shipment report for handlers who handle 100,000 tray equivalents 
or more of kiwifruit to report to the Committee weekly shipment and 
price information. This action concerns this report, in addition to the 
accompanying regulation previously discussed, which would require the 
reports to be submitted to the Committee by handlers. Pursuant to Sec.  
920.60(c), handlers would maintain records for at least two succeeding 
fiscal years to verify the data reported to the Committee on this 
report.
    This form would allow the Committee to collect weekly shipment and 
price information from handlers who handle 100,000 tray equivalents or 
more of kiwifruit each season. The Committee would use this information 
in preparing the marketing policy statement and annual report each 
year. Also, weekly industry reports generated from this data would 
provide handlers with more timely information on which to base their 
marketing decisions.
    The information collected would only be used by authorized 
representatives of the USDA, including AMS, Fruit and Vegetable 
Programs regional and headquarters staff, and authorized employees of 
the Committee. Authorized Committee employees would be the primary 
users of the information, and AMS would be the secondary user. The 
Committee's staff would compile the information collected from handlers 
and use it to prepare its annual report and marketing policy statement 
as required under the order. The Committee's staff would also use the 
data collected to provide general market information to the industry 
throughout the season. All proprietary handler information would be 
kept confidential in accordance with the Act and order.
    The proposed request for a new information collection under the 
order is as follows:

KISS Price/Shipment Report

    Estimate of Burden: Public reporting burden for this collection of 
information is estimated to be no more than one hour per response.
    Respondents: Persons who handle California kiwifruit.
    Estimated Number of Respondents: 15.
    Estimated Number of Responses per Respondent: 28.
    Estimated Total Annual Burden on Respondents: 420 hours.
    Comments: 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 the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology.
    Comments should reference OMB No. 0581-NEW and the Marketing Order 
for Kiwifruit Grown in California, and should be sent to the USDA in 
care of the Docket Clerk at the previously-mentioned address or at 
http://www.regulations.gov.
    All responses to this notice will be summarized and included in the 
request for OMB approval. All comments received will become a matter of 
public record and will be available for public inspection during 
regular business hours at the address of the Docket Clerk or at http://www.regulations.gov.
    Upon publication of the final rule, this collection will be merged 
with the forms currently approved for use under OMB No. 0581-0189 
``Generic OMB Fruit Crops.''

List of Subjects in 7 CFR Part 920

    Kiwifruit, Marketing agreements, Reporting and recordkeeping 
requirements.


    For the reasons set forth in the preamble, 7 CFR part 920 is 
proposed to be amended as follows:

PART 920--KIWIFRUIT GROWN IN CALIFORNIA

    1. The authority citation for 7 CFR part 920 continues to read as 
follows:

    Authority: 7 U.S.C. 601-674.


Sec.  920.160  [Amended]

    2. Sec.  920.160 is amended by revising the first sentence of 
paragraph (a), revising paragraph (b), and adding paragraphs (d) and 
(e) to read as follows:


Sec.  920.160  Reports.

    (a) When requested by the Kiwifruit Administrative Committee, each 
shipper who ships kiwifruit, except as provided in paragraph (e) of 
this section, shall furnish a report of shipment and inventory data to 
the committee no later than the fifth day of the month following such 
shipment, or such other later time established by the committee: 
Provided, That each shipper who ships less than 10,000 trays, or the 
equivalent thereof, per fiscal year and has qualified with the 
committee shall furnish such report of shipment and inventory data to 
the committee twice per fiscal year. * * *
    (b) Kiwifruit Inventory Shipping System (KISS) form. Each handler, 
except such handlers that ship less than 10,000 trays, or the 
equivalent thereof, per season and have qualified with the committee, 
shall file with the committee the initial Kiwifruit Inventory Shipment 
System (KISS) form, which consists of three sections ``KISS/Add 
Inventory,'' ``KISS/Deduct Inventory,'' and ``KISS/Shipment,'' on or 
before November 5th, or such other later time as the committee may 
establish. Subsequent KISS forms, including all three sections, shall 
be filed with the committee by the fifth day and again by the twentieth 
day of each calendar month, or such other

[[Page 26810]]

later time as the committee may establish, and will contain the 
following information:
    (1) The beginning inventory of the handler by size and container 
type;
    (2) The quantity of fruit the handler lost in repack and repacked 
into other container types;
    (3) The total domestic and export shipments of the handler by size 
and container type; and
    (4) Any other adjustments which increase or decrease posted handler 
inventory.
    (c) * * *
    (d) KISS Price/Shipment report. Each handler who ships 100,000 or 
more trays, or the equivalent thereof, per season, shall file the KISS 
Price/Shipment report with the committee. Handlers are not required to 
report organic kiwifruit shipments on this report. The handler shall 
file the report weekly following the first week he or she makes 
shipments and shall continue filing reports until he or she submits a 
final report for the season. Each such report shall be filed with the 
committee no later than 5 p.m. (the close of business) on the Tuesday 
immediately following the shipping week. For the purpose of this 
subsection, the shipping week is defined as Sunday through Saturday. 
The report shall show:
    (1) The company name, contact person, and phone number of the 
handler;
    (2) Weekly period covered by the report;
    (3) Total fresh market shipments and gross f.o.b. sales of 
kiwifruit by pack style and size; and
    (4) Total fresh market shipments and gross f.o.b. sales to export 
markets by pack style and size.
    (e) Handlers who file the KISS Price/Shipment report specified in 
paragraph (d) of this section are exempt from filing the shipping 
report specified in paragraph (a) of this section and the KISS/Shipment 
report specified in paragraph (b) of this section.

    Dated: May 29, 2009.
Robert C. Keeney,
Acting Associate Administrator.
[FR Doc. E9-12995 Filed 6-3-09; 8:45 am]
BILLING CODE P


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