Proposed Rule2022-13311
Modification of Marketing Order Regulations for Almonds Grown in California
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 22, 2022
Issuing agencies
Agriculture DepartmentAgricultural Marketing Service
Abstract
The Agricultural Marketing Service (AMS) is providing an additional fifteen (15) days for public comments on the proposed rule that would amend the Federal marketing order regulating the handling of almonds grown in California. Based on recommendations from the Almond Board of California (Board), the proposed rule would modify to make changes to multiple provisions in the administrative requirements. Comments are solicited from all stakeholders on the process the Board effectuated to develop recommendations and the substance of the rulemaking action.
Full Text
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<title>Federal Register, Volume 87 Issue 119 (Wednesday, June 22, 2022)</title>
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[Federal Register Volume 87, Number 119 (Wednesday, June 22, 2022)]
[Proposed Rules]
[Page 37240]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-13311]
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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.
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Federal Register / Vol. 87, No. 119 / Wednesday, June 22, 2022 /
Proposed Rules
[[Page 37240]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 981
[Doc. No. AMS-SC-21-0076; SC21-981-1 PR]
Modification of Marketing Order Regulations for Almonds Grown in
California
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Proposed rule; reopening of comment period.
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SUMMARY: The Agricultural Marketing Service (AMS) is providing an
additional fifteen (15) days for public comments on the proposed rule
that would amend the Federal marketing order regulating the handling of
almonds grown in California. Based on recommendations from the Almond
Board of California (Board), the proposed rule would modify to make
changes to multiple provisions in the administrative requirements.
Comments are solicited from all stakeholders on the process the Board
effectuated to develop recommendations and the substance of the
rulemaking action.
DATES: For the proposed rule published on February 22, 2022 (87 FR
6455), comments must be received by July 7, 2022.
ADDRESSES: Interested persons are invited to submit written comments
concerning this proposed rule. Comments must be sent to the Docket
Clerk, Market Development Division, Specialty Crops Program, AMS, USDA,
1400 Independence Avenue SW, STOP 0237, Washington, DC 20250-0237; Fax:
(202) 720-8938; or internet: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Comments
should reference the document number and the date and page number of
this issue and the February 22, 2022 (87 FR 9455) issue of the Federal
Register. The comments will be made available for public inspection in
the Office of the Docket Clerk during regular business hours or can be
viewed at: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. All comments submitted in
response to this proposed rule will be included in the record. 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: Peter Sommers, Marketing Specialist,
or Gary Olson, Regional Director, Western Region Office, Market
Development Division, Specialty Crops Program, AMS, USDA; Telephone:
(559) 487-5901, Fax: (559) 487-5906, or Email: <a href="/cdn-cgi/l/email-protection#39695c4d5c4b6b176a5654545c4b4a794c4a5d58175e564f"><span class="__cf_email__" data-cfemail="643401100116364a370b090901161724111700054a030b12">[email protected]</span></a>
or <a href="/cdn-cgi/l/email-protection#81c6e0f3f8c5afceedf2eeefc1f4f2e5e0afe6eef7"><span class="__cf_email__" data-cfemail="d691b7a4af92f899baa5b9b896a3a5b2b7f8b1b9a0">[email protected]</span></a>.
Small businesses may request information on complying with this
regulation by contacting Richard Lower, Market Development Division,
Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW, STOP
0237, Washington, DC 20250-0237; Telephone: (202) 720-2491, Fax: (202)
720-8938, or Email: <a href="/cdn-cgi/l/email-protection#c99ba0aaa1a8bbade785a6beacbb89bcbaada8e7aea6bf"><span class="__cf_email__" data-cfemail="481a212b20293a2c6604273f2d3a083d3b2c29662f273e">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: A proposed rule published in the Federal
Register on February 22, 2022, (87 FR 6455) would amend administrative
requirements in the Order regulating the roadside stand exemption,
credit for market promotion activities (credit-back), quality control,
exempt dispositions, and interest and late charges provisions. The
proposed rule allowed a 60-day comment period that ended April 25,
2022.
Prior to the end of the initial comment period, USDA received
comments that called into question the process that effectuated the
proposed rule. Specifically, the comments said that the recommended
modification to 7 CFR 981.441, the administrative requirements for the
credit-back provision, was not approved by the Board and was
recommended to USDA without Board knowledge.
A review of Board proceedings and meeting minutes shows that the
provision was approved by the Board. During the June 17, 2021 Board
meeting, the Global Market Development Committee presented the
suggested changes to section 981.441 for consideration. The Board voted
unanimously to approve. Subsequently, meeting minutes indicating this
approval were unanimously approved by the Board in an email vote sent
out on July 26, 2021.
The authority to allow for credit-back is found at 7 CFR 981.41(c),
``Research and Development; Creditable expenditures,'' while
regulations implementing this authority are found at 7 CFR 981.441
``Credit for market promotion activities, including paid advertising.''
Section 981.441, added in 1994, has been previously amended twice (1999
and 2005).
AMS is reopening the comment period for 15 days to allow for any
additional comments on the proposed amendments to the regulations.
Specifically, AMS is looking for comments on provisions related to
credit-back administrative requirements to determine support for the
changes. AMS is also looking for further comment on perceived issues
related to the formulation of the recommendation for that provision.
Accordingly, the comment period is hereby reopened until July 7, 2022.
Erin Morris,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2022-13311 Filed 6-21-22; 8:45 am]
BILLING CODE P
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