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Federal Register / Vol. 86, No. 154 / Friday, August 13, 2021 / Proposed Rules Grape Administrative Committees Committee size, and its quorum and voting requirements.
DATES: Comments must be received by October 12, 2021.
ADDRESSES: Interested persons are invited to submit written comments concerning this proposed rule.
Comments must be sent to the Docket Clerk, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW, STOP 0237, Washington, DC 202500237; or submitted to internet: https www.regulations.gov.
All comments should reference the document 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: https
www.regulations.gov. All comments submitted in response to this proposed 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:
Pushpa Kathir, Marketing Specialist, or Matthew Pavone, Chief, Rulemaking Services Branch, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, 1400
Independence Avenue SW, Stop 0237, Washington, DC 202500237;
Telephone: 202 7202491, MarketOrderComment@usda.gov.
Small businesses may request information on complying with this regulation by contacting Richard Lower, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW, STOP 0237, Washington, DC 202500237; Telephone: 202 720
2491, or Email: Richard.Lower@
usda.gov.
This action, pursuant to 5 U.S.C. 553, proposes amendments to regulations issued to carry out a marketing order as defined in 7 CFR 900.2j. This proposal is issued under Marketing Order No.
925, as amended 7 CFR part 925, regulating the handling of grapes grown in a designated area of southeastern California. Part 925 referred to as the Order is effective under the Agricultural Marketing Agreement Act of 1937, as amended 7 U.S.C. 601674, hereinafter referred to as the Act. The Committee locally administers the Order and is comprised of grape producers and handlers operating
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within the area of production, and a public member.
Section 8c17 of the Act 7 U.S.C
608c17 and the applicable rules of practice and procedure governing the formulation of marketing agreements and orders 7 CFR part 900 authorize amendment of the Order through this informal rulemaking action. The Agricultural Marketing Service AMS
will consider comments received in response to this proposed rule and, based on all the information available, will determine if the Order amendment is warranted. If AMS determines amendment of the Order is warranted, a subsequent proposed rule and notice of referendum would be issued and producers would be allowed to vote for or against the proposed amendments.
AMS would then issue a final rule effectuating any amendments approved by producers in the referendum.
The Department of Agriculture USDA is issuing this proposed rule in conformance with Executive Orders 12866 and 13563. Executive Orders 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits including potential economic, environmental, public health and safety effects, distributive impacts and equity.
Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, reducing costs, harmonizing rules, and promoting flexibility. This action falls within a category of regulatory actions that the Office of Management and Budget OMB exempted from Executive Order 12866 review.
In addition, this proposed rule has been reviewed under Executive Order 13175Consultation and Coordination with Indian Tribal Governments, which requires agencies to consider whether their rulemaking actions would have tribal implications. AMS has determined this proposed rule is unlikely to have substantial direct effects on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes.
This proposal has also been reviewed under Executive Order 12988, Civil Justice Reform. This rule is not intended to have retroactive effect. This rule shall not be deemed to preclude, preempt, or supersede any State program covering grapes grown in a designated area of Southeastern California.
The Act provides that administrative proceedings must be exhausted before
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parties may file suit in court. Under section 8c15A of the Act 7 U.S.C.
60815A, 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 USDAs ruling on the petition, provided an action is filed no later than 20 days after the date of entry of the ruling.
Section 1504 of the Food, Conservation, and Energy Act of 2008
2008 Farm Bill Pub. L. 110246
amended section 8c17 of the Act, which in turn required the addition of supplemental rules of practice to 7 CFR
part 900 73 FR 49307; August 21, 2008. The amendment of section 8c17
of the Act and supplemental rules of practice authorize the use of informal rulemaking 5 U.S.C. 553 to amend Federal fruit, vegetable, and nut marketing agreements and orders. USDA
may use informal rulemaking to amend marketing orders depending upon the nature and complexity of proposed amendments, potential regulatory and economic impacts on affected entities, and any other relevant matters.
AMS has considered these factors and has determined that amendments proposed herein are not unduly complex and the nature of proposed amendments is appropriate for utilizing the informal rulemaking process to amend the Order. A discussion of the potential regulatory and economic impacts on affected entities is discussed later in the Initial Regulatory Flexibility Analysis section of this proposed rule.
The Committee unanimously recommended amendments following deliberations at the public meeting held on April 13, 2021. Proposals would amend the Order by changing the Committees size, as well as its quorum and voting requirements.
Proposal 1Reduce Committee Size 925.20 provides that the Committee consists of 12 members and, for each member of the Committee, there must be an alternate who has the same qualifications as the member. This proposal would amend 925.20 by reducing the size of the Committee from 12 to 10 members. The requirement that
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