This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

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REGISTER issue of each week.

Rules and Regulations Federal Register

28869 

Vol. 74, No. 116 

Thursday, June 18, 2009 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Parts 916 and 917 

[Doc. No. AMS–FV–09–0013; FV09–916/917– 

2 IFR] 

Nectarines and Peaches Grown in 

California; Decreased Assessment 

Rates 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Interim final rule with request 

for comments. 

SUMMARY: This rule decreases the 

assessment rates established for the 

Nectarine Administrative Committee 

and the Peach Commodity Committee 

(Committees) for the 2009–10 and 

subsequent fiscal periods. The Nectarine 

Administrative Committee (NAC) 

program decreased its assessment rate 

from $0.06 to $0.0175 per 25-pound 

container or container equivalent of 

nectarines handled. The Peach 

Commodity Committee (PCC) program 

decreased its assessment rate from $0.06 

to $0.0025 per 25-pound container or 

container equivalent of peaches 

handled. The Committees locally 

administer the marketing orders which 

regulate the handling of nectarines and 

peaches grown in California. 

Assessments upon nectarine and peach 

handlers are used by the Committees to 

fund reasonable and necessary expenses 

of the programs. The fiscal periods run 

from March 1 through the last day of 

February. The assessment rates will 

remain in effect indefinitely unless 

modified, suspended, or terminated. 

DATES: Effective June 19, 2009. 

Comments received by August 17, 2009, 

will be considered prior to issuance of 

a final rule. 

ADDRESSES: Interested persons are 

invited to submit written comments 

concerning this rule. 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. Comments should 

reference the document number and the 

date and page number of this issue of 

the Federal Register and will be 

available for public inspection in the 

Office of the Docket Clerk during regular 

business hours, or can be viewed at: 

http://www.regulations.gov. 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: 

Jennifer Garcia, Marketing Specialist, or 

Kurt 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: 

Jennifer.Garcia@ams.usda.gov or 

Kurt.Kimmel@ams.usda.gov. 

Small businesses may request 

information on complying with this 

regulation by contacting Jay Guerber, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, 1400 Independence 

Avenue, SW., STOP 0237, Washington, 

DC 20250–0237; Telephone: (202) 720– 

2491, Fax: (202) 720–8938, or E-mail: 

Jay.Guerber@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This rule 

is issued under Marketing Order Nos. 

916 and 917, both as amended (7 CFR 

parts 916 and 917), regulating the 

handling of nectarines and peaches 

grown in California, respectively, 

hereinafter referred to as the ‘‘orders.’’ 

The orders are effective under the 

Agricultural Marketing Agreement Act 

of 1937, as amended (7 U.S.C. 601–674), 

hereinafter referred to as the ‘‘Act.’’ 

The Department of Agriculture 

(USDA) is issuing this rule in 

conformance with Executive Order 

12866. 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. Under the marketing orders 

now in effect, California nectarine and 

peach handlers are subject to 

assessments. Funds to administer the 

orders are derived from such 

assessments. It is intended that the 

assessment rates as issued herein will be 

applicable to all assessable nectarines 

and peaches beginning on March 1, 

2009, and continue until amended, 

suspended, or terminated. This rule 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. Such 

handler is afforded the opportunity for 

a hearing on the petition. After the 

hearing, USDA would rule on the 

petition. The Act provides that the 

district court of the United States in any 

district in which the handler is an 

inhabitant, or has his or her principal 

place of business, has jurisdiction to 

review USDA’s ruling on the petition, 

provided an action is filed not later than 

20 days after the date of the entry of the 

ruling. 

This rule decreases the assessment 

rates established for the NAC program 

for the 2009–10 and subsequent fiscal 

periods from $0.06 to $0.0175 per 25- 

pound container or container equivalent 

of nectarines and for the PCC program 

for the 2009–10 and subsequent fiscal 

periods from $0.06 to $0.0025 per 25- 

pound container or container equivalent 

of peaches. 

The nectarine and peach marketing 

orders provide authority for the 

Committees, with the approval of 

USDA, to formulate annual budgets of 

expenses and collect assessments from 

handlers to administer the programs. 

The members of NAC and PCC are 

producers of California nectarines and 

peaches, respectively. They are familiar 

with the Committees’ needs, and with 

the costs for goods and services in their 

local area and are, therefore, in a 

position to formulate appropriate 

budgets and assessment rates. The 

assessment rates are formulated and 

discussed in public meetings. Thus, all 

directly affected persons have an 

28870 Federal Register / Vol. 74, No. 116 / Thursday, June 18, 2009 / Rules and Regulations 

opportunity to participate and provide 

input. 

NAC Assessment and Expenses 

For the 2009–10 and subsequent fiscal 

periods, the NAC recommended, and 

USDA approved, an assessment rate that 

would continue in effect from fiscal 

period to fiscal period unless modified, 

suspended, or terminated by USDA 

upon recommendation and information 

submitted by the Committee or other 

information available to USDA. 

The NAC met on February 19, 2009, 

and unanimously recommended 2009– 

10 expenditures of $1,797,290.20 and an 

assessment rate of $0.0175 per 25-pound 

container or container equivalent of 

nectarines. In comparison, the budgeted 

expenditures for the 2008–09 fiscal 

period were $1,660,543. The assessment 

rate of $0.0175 per 25-pound container 

or container equivalent of nectarines is 

$0.0425 lower than the rate currently in 

effect. The NAC recommended a lower 

assessment rate to reduce the current 

reserve. The NAC also recommended a 

decrease in promotional activities for 

2009. 

The major expenditures 

recommended by the NAC for the 2009– 

10 fiscal period include $319,965.32 for 

administration, $349,447.55 for 

production research, and $1,127,877.33 

for domestic and international programs 

(promotional activities). In comparison, 

budgeted expenses for these items in 

2008–09 were $330,025 for 

administration, $225,678 for production 

research, $1,071,574 for domestic and 

international programs and $33,266 for 

inspection and compliance activities. 

The NAC 2009–10 fiscal period 

assessment rate was derived after 

considering anticipated fiscal period 

expenses; estimated assessable 

nectarines of 20,000,000 25-pound 

containers or container equivalents; the 

estimated income from other sources, 

such as interest; and the need for an 

adequate financial reserve to carry the 

NAC into the 2010–11 fiscal period. 

Therefore, the NAC recommended an 

assessment rate of $0.0175 per 25-pound 

container or container equivalent. 

Combining expected assessment 

revenue of $350,000.00 with the 

$1,071,398.90 carryover available from 

the 2008–09 fiscal period and other 

income of $930,911, which includes 

interest and grants, should be adequate 

to meet Committee needs. The 

assessment rate is expected to decrease 

the reserve to $205,019.70, which may 

be used to cover administrative 

expenses prior to the beginning of the 

2010–11 shipping season as provided in 

the order (§ 916.42). 

PCC Assessment and Expenses 

For the 2009–10 and subsequent fiscal 

periods, the PCC recommended, and 

USDA approved, an assessment rate that 

would continue in effect from fiscal 

period to fiscal period unless modified, 

suspended, or terminated by USDA 

upon recommendation and information 

submitted by the Committee or other 

information available to USDA. 

The PCC met on February 19, 2009, 

and recommended 2009–10 

expenditures of $1,885,250 and an 

assessment rate of $0.0025 per 25-pound 

container or container equivalent of 

peaches. In comparison, budgeted 

expenditures for the 2008–09 fiscal 

period were $1,672,090. The assessment 

rate of $0.0025 per 25-pound container 

or container equivalent of peaches is 

$0.0575 lower than the rate currently in 

effect. The PCC recommended a lower 

assessment rate to reduce the current 

reserve. The PCC also recommended a 

decrease in promotional activities for 

2009. 

The major expenditures 

recommended by the PCC for the 2009– 

10 fiscal period include $334,058 for 

administration, $366,920 for production 

research, and $1,184,272 for domestic 

and international programs. In 

comparison, budgeted expenses for 

these items in 2008–09 were $348,078 

for administration, $4,029 for 

inspection, $225,678 for production 

research, $1,057,078 for domestic and 

international programs (promotional 

activities), and $37,227 for inspection 

and compliance activities. 

The PCC 2009–10 fiscal period 

assessment rate was derived after 

considering anticipated fiscal period 

expenses; estimated assessable peaches 

of 21,000,000 25-pound containers or 

container equivalents; the estimated 

income from other sources, such as 

interest; and the need for an adequate 

financial reserve to carry the PCC into 

the 2010–11 fiscal period. Therefore, the 

PCC recommended an assessment rate 

of $0.0025 per 25-pound container or 

container equivalent. 

Combining expected assessment 

revenues of $52,500 with the $1,597,291 

carryover available from the 2008–09 

fiscal period and other income of 

$614,276, which includes interest and 

grants, should be adequate to meet 

Committee needs. The assessment rate 

is expected to decrease the reserve to 

$326,317, which may be used to cover 

administrative expenses prior to the 

beginning of the 2010–11 shipping 

season as provided in the order 

(§ 917.38). 

Continuing Assessment Rates 

The assessment rates established in 

this rule will continue in effect 

indefinitely unless modified, 

suspended, or terminated by USDA 

upon recommendation and information 

submitted by the Committees or other 

available information. 

Although these assessment rates are 

in effect for an indefinite period, the 

Committees will continue to meet prior 

to or during each fiscal period to 

recommend budgets of expenses and 

consider recommendations for 

modification of the assessment rates. 

The dates and times of Committee 

meetings are available from the 

Committees’ Web site at http:// 

www.eatcaliforniafruit.com or USDA. 

Committee meetings are open to the 

public and interested persons may 

express their views at these meetings. 

USDA will evaluate the Committees’ 

recommendations and other available 

information to determine whether 

modification of the assessment rate for 

each Committee is needed. Further 

rulemaking will be undertaken as 

necessary. The Committees’ 2009–10 

fiscal period budgets and those for 

subsequent fiscal periods will be 

reviewed and, as appropriate, approved 

by USDA. 

Initial Regulatory Flexibility Analysis 

Pursuant to requirements set forth in 

the Regulatory Flexibility Act (RFA)(5 

U.S.C. 601–612), the Agricultural 

Marketing Service (AMS) has 

considered the economic impact of this 

rule on small entities. Accordingly, 

AMS has prepared this initial regulatory 

flexibility analysis. 

The purpose of the RFA is to fit 

regulatory actions to the scale of 

business subject to such actions in order 

that small businesses will not be unduly 

or disproportionately burdened. 

Marketing orders issued pursuant to the 

Act, and the rules issued thereunder, are 

unique in that they are brought about 

through group action of essentially 

small entities acting on their own 

behalf. Thus, both statutes have small 

entity orientation and compatibility. 

There are approximately 120 

California nectarine and peach handlers 

subject to regulation under the orders 

covering nectarines and peaches grown 

in California, and about 550 producers 

of these fruits in California. Small 

agricultural service firms, which 

include handlers, are defined by the 

Small Business Administration (SBA) 

(13 CFR 121.201) as those whose annual 

receipts are less than $7,000,000. Small 

agricultural producers are defined by 

the SBA as those having annual receipts 

Federal Register / Vol. 74, No. 116 / Thursday, June 18, 2009 / Rules and Regulations 28871 

of less than $750,000. A majority of 

these handlers and producers may be 

classified as small entities. 

The Committees’ staff has estimated 

that there are fewer than 30 handlers in 

the industry who would not be 

considered small entities. For the 2008 

season, the Committees’ staff estimated 

that the average handler price received 

was $9.00 per container or container 

equivalent of nectarines or peaches. A 

handler would have to ship at least 

777,778 containers to have annual 

receipts of $7,000,000. Given data on 

shipments maintained by the 

Committees’ staff and the average 

handler price received during the 2008 

season, the Committees’ staff estimates 

that small handlers represent 

approximately 78 percent of all the 

handlers within the industry. 

The Committees’ staff has also 

estimated that fewer than 60 producers 

in the industry would not be considered 

small entities. For the 2008 season, the 

Committees estimated the average 

producer price received was $4.25 per 

container or container equivalent for 

nectarines and peaches. A producer 

would have to produce at least 176,471 

containers of nectarines and peaches to 

have annual receipts of $750,000. Given 

data maintained by the Committees’ 

staff and the average producer price 

received during the 2008 season, the 

Committees’ staff estimates that small 

producers represent more than 88 

percent of the producers within the 

industry. 

With an average producer price of 

$4.25 per container or container 

equivalent, and a combined packout of 

nectarines and peaches of 45,543,561 

containers, the value of the 2008 

packout is estimated to be $193,560,134. 

Dividing this total estimated producer 

revenue figure by the estimated number 

of producers (550) yields an estimate of 

average revenue per producer of about 

$351,928 from the sales of peaches and 

nectarines. 

The nectarine and peach marketing 

orders provide authority for the 

Committees, with the approval of 

USDA, to formulate an annual budget of 

expenses and collect assessments from 

handlers to administer the programs. 

The members of the NAC and PCC are 

producers of California nectarines and 

peaches, respectively. 

This rule decreases the assessment 

rates established for the NAC for the 

2009–10 and subsequent fiscal periods 

from $0.06 to $0.0175 per 25-pound 

container or container equivalent of 

nectarines and for the PCC for the 2009– 

10 and subsequent fiscal periods from 

$0.06 to $0.0025 per 25-pound container 

or container equivalent of peaches. 

The NAC recommended 2009–10 

fiscal period expenditures of 

$1,797,290.20 for nectarines and an 

assessment rate of $0.0175 per 25-pound 

container or container equivalent of 

nectarines. The assessment rate of 

$0.0175 is $0.0425 lower than the rate 

currently in effect. The PCC 

recommended 2009–10 fiscal period 

expenditures of $1,885,250 for peaches 

and an assessment rate of $0.0025 per 

25-pound container or container 

equivalent of peaches. The assessment 

rate of $0.0025 is $0.0575 lower than the 

rate currently in effect. 

Analysis of NAC Budget 

The quantity of assessable nectarines 

for the 2009–10 fiscal period is 

estimated at 20,000,000 25-pound 

containers or container equivalents. 

Thus, the $0.0175 rate should provide 

$350,000.00 in assessment income. 

Income derived from handler 

assessments, along with income from 

other sources and funds from the NAC’s 

reserve, will be adequate to cover 

budgeted expenses. 

The major expenditures 

recommended by the NAC for the 2009– 

10 fiscal period include $319,965.32 for 

administration, $349,447.55 for 

production research, and $1,127,877.33 

for domestic and international 

programs. Budgeted expenses in 2008– 

09 were $330,025 for administration, 

$225,678 for production research, 

$1,071,574 for domestic and 

international programs (promotional 

activities), and $33,266 for inspection 

and compliance activities. 

The NAC recommended a lower 

assessment rate to reduce the current 

reserve. The NAC also recommended a 

decrease in promotional activities for 

2009. Income generated from the lower 

assessment rate combined with reserve 

funds should be adequate to cover 

anticipated 2009 expenses. 

Analysis of PCC Budget 

The quantity of assessable peaches for 

the 2009–10 fiscal period is estimated at 

21,000,000 25-pound containers or 

container equivalents. Thus, the $0.0025 

rate should provide $52,500 in 

assessment income. 

The major expenditures 

recommended by PCC for the 2009–10 

fiscal period include $334,058 for 

administration, $366,920 for production 

research, and $1,184,272 for domestic 

and international programs. Budgeted 

expenses in 2008–09 were $348,078 for 

administration, $4,029 for inspection, 

$225,678 for production research, 

$1,057,078 for domestic and 

international programs (promotional 

activities), and $37,227 for inspection 

and compliance activities. 

The PCC recommended a lower 

assessment rate to reduce the current 

reserve. The PCC also recommended a 

decrease in promotional activities for 

2009. Income generated from the lower 

assessment rate combined with reserve 

funds should be adequate to cover 

anticipated 2009 expenses. 

Considerations in Determining 

Expenses and Assessment Rates 

Prior to arriving at these budgets, the 

Committees considered alternative 

expenditure and assessment rate levels, 

but ultimately decided that the 

recommended levels were reasonable to 

properly administer the orders. 

Each of the Committees then reviewed 

the proposed expenses; the total 

estimated assessable 25-pound 

containers or container equivalents; and 

the estimated income from other 

sources, such as interest income, prior 

to recommending a final assessment 

rate. The NAC decided that an 

assessment rate of $0.0175 per 25-pound 

container or container equivalent will 

allow it to meet its 2009–10 fiscal 

period expenses and carryover an 

operating reserve of about $205,019.70 

which is in line with the Committee’s 

financial needs. The PCC decided that 

an assessment rate of $0.0025 per 25- 

pound container or container equivalent 

will allow it to meet its 2009–10 fiscal 

period expenses and carryover an 

operating reserve of $326,317. These 

assessment rates will allow them to 

meet their 2009–10 fiscal period 

expenses and carryover necessary 

reserves to finance operations before 

2010–11 fiscal period assessments are 

collected. 

A review of historical and preliminary 

information pertaining to the upcoming 

fiscal period indicates that the producer 

price for nectarines and peaches for the 

2007–08 season could range between 

$6.00 and $8.00 per 25-pound container 

or container equivalent. Therefore, the 

estimated assessment revenue for the 

2007–08 fiscal period as a percentage of 

total producer revenue could range 

between 0.04 and 0.22 percent. 

This action decreases the assessment 

obligation imposed on handlers. 

Assessments are applied uniformly on 

all handlers, and some of the costs may 

be passed on to producers. However, 

decreasing the assessment rate would 

reduce the burden on handlers, and may 

reduce the burden on producers. In 

addition, the Committees’ meetings 

were widely publicized throughout the 

California nectarine and peach 

industries and all interested persons 

were invited to attend the meetings and 

28872 Federal Register / Vol. 74, No. 116 / Thursday, June 18, 2009 / Rules and Regulations 

encouraged to participate in the 

Committees’ deliberations on all issues. 

Like all Committee meetings, the 

February 19, 2009, meetings were public 

meetings and entities of all sizes were 

able to express views on this issue. 

Finally, interested persons are invited to 

submit information on the regulatory 

and informational impacts of this action 

on small businesses. 

This action imposes no additional 

reporting or recordkeeping requirements 

on either small or large 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. 

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. 

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. 

After consideration of all relevant 

material presented, including the 

information and recommendation 

submitted by the Committee and other 

available information, it is hereby found 

that this rule, as hereinafter set forth, 

will tend to effectuate the declared 

policy of the Act. 

Pursuant to 5 U.S.C. 553, it is also 

found and determined upon good cause 

that it is impracticable, unnecessary, 

and contrary to the public interest to 

give preliminary notice prior to putting 

this rule into effect, and that good cause 

exists for not postponing the effective 

date of this rule until 30 days after 

publication in the Federal Register 

because: (1) The 2009–10 fiscal period 

began March 1, 2009, and the marketing 

orders require that the rates of 

assessment for each fiscal period apply 

to all assessable nectarines and peaches 

handled during such fiscal period; (2) 

the Committees need to have sufficient 

funds to pay its expenses which are 

incurred on a continuous basis; (3) 

handlers are aware of this action which 

was recommended by the Committees at 

public meetings and is similar to other 

assessment rate actions issued in past 

years; and (4) this interim final rule 

provides a 60-day comment period, and 

all comments timely received will be 

considered prior to finalization of this 

rule. 

List of Subjects 

7 CFR Part 916 

Marketing agreements, Nectarines, 

Reporting and recordkeeping 

requirements. 

7 CFR Part 917 

Marketing agreements, Peaches, Pears, 

Reporting and recordkeeping 

requirements. 

■ For the reasons set forth in the 

preamble, 7 CFR parts 916 and 917 are 

amended as follows: 

■ 1. The authority citation for 7 CFR 

parts 916 and 917 continues to read as 

follows: 

Authority: 7 U.S.C. 601–674. 

PART 916—NECTARINES GROWN IN 

CALIFORNIA 

■ 2. Section 916.234 is revised to read 

as follows: 

§ 916.234 Assessment rate. 

On and after March 1, 2009, an 

assessment rate of $0.0175 per 25-pound 

container or container equivalent of 

nectarines is established for California 

nectarines. 

PART 917—PEACHES GROWN IN 

CALIFORNIA 

■ 3. Section 917.258 is revised to read 

as follows: 

§ 917.258 Assessment rate. 

On and after March 1, 2009 an 

assessment rate of $0.0025 per 25-pound 

container or container equivalent of 

peaches is established for California 

peaches. 

Dated: June 12, 2009. 

Craig Morris, 

Acting Associate Administrator. 

[FR Doc. E9–14280 Filed 6–17–09; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 981 

[Doc. No. AMS–FV–08–0045; FV08–981–2 

IFR] 

Almonds Grown in California; Revision 

of Outgoing Quality Control 

Requirements 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Interim final rule with request 

for comments. 

SUMMARY: This rule revises the outgoing 

quality control regulations issued under 

the California almond marketing order 

(order). The order regulates the handling 

of almonds grown in California and is 

administered locally by the Almond 

Board of California (Board). This rule 

revises the term ‘‘validation’’ under the 

Salmonella bacteria (Salmonella) 

treatment program by specifying that 

validation data must be both submitted 

to and accepted by the Board’s 

Technical Expert Review Panel (TERP) 

for all treatment equipment prior to its 

use under this program. This will help 

ensure that all treatment equipment 

meets a 4-log reduction of Salmonella in 

almonds. 

DATES: Effective June 19, 2009; 

comments must be received by August 

17, 2009. 

ADDRESSES: Interested persons are 

invited to submit written comments 

concerning this rule. 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. Comments should 

reference the document number and the 

date and page number of this issue of 

the Federal Register and will be 

available for public inspection in the 

Office of the Docket Clerk during regular 

business hours, or can be viewed at: 

http://www.regulations.gov. 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: 

Terry Vawter, Senior Marketing 

Specialist, or Kurt J. Kimmel, Regional 

Manager, California Marketing Field 

Office, Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA; Telephone: (559) 487– 

5901, Fax: (559) 487–5906, or E-mail: 

Terry.Vawter@ams.usda.gov, or 

Kurt.Kimmel@ams.usda.gov. 

Small businesses may request 

information on complying with this 

regulation by contacting Jay Guerber, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, 1400 Independence 

Avenue, SW., STOP 0237, Washington, 

DC 20250–0237; Telephone: (202) 720– 

2491, Fax: (202) 720–8938, or E-mail: 

Jay.Guerber@ams.usda.gov.