[Federal Register Volume 71, Number 8 (Thursday, January 12, 2006)]
[Rules and Regulations]
[Pages 1915-1919]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-273]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 71, No. 8 / Thursday, January 12, 2006 /
Rules and Regulations
[[Page 1915]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 930
[Docket No. FV05-930-1 FR]
Tart Cherries Grown in the States of Michigan, et al.; Final Free
and Restricted Percentages for the 2005-2006 Crop Year for Tart
Cherries
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule establishes final free and restricted percentages
for the 2005-2006 crop year. The percentages are 58 percent free and 42
percent restricted and will establish the proportion of cherries from
the 2005 crop which may be handled in commercial outlets. The
percentages are intended to stabilize supplies and prices, and
strengthen market conditions. The percentages were recommended by the
Cherry Industry Administrative Board (Board), the body that locally
administers the marketing order. The marketing order regulates the
handling of tart cherries grown in the States of Michigan, New York,
Pennsylvania, Oregon, Utah, Washington, and Wisconsin.
EFFECTIVE DATE: January 13, 2006. This final rule applies to all 2005-
2006 crop year restricted cherries until they are properly disposed of
in accordance with marketing order requirements.
FOR FURTHER INFORMATION CONTACT: Patricia A. Petrella or Kenneth G.
Johnson, Marketing Order Administration Branch, Fruit and Vegetable
Programs, AMS, USDA, Unit 155, 4700 River Road, Riverdale, MD 20737;
Telephone: (301) 734-5243, or Fax: (301) 734-5275; or George Kelhart,
Technical Advisor, Marketing Order Administration Branch, Fruit and
Vegetable Programs, AMS, USDA, 1400 Independence Avenue, SW. STOP 0237,
Washington, DC 20250-0237; Telephone: (202) 720-2491, or Fax: (202)
720-8938. Small businesses may request information on complying with
this regulation, or obtain a guide on complying with fruit, vegetable,
and specialty crop marketing agreements and orders 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: [email protected].
SUPPLEMENTARY INFORMATION: This final rule 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 final rule 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 2005-2006 crop year, beginning July 1, 2005, through June 30, 2006.
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 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 request 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. The regulations
apply to all handlers of tart cherries that are in the regulated
districts. Tart cherries in the free percentage category may be shipped
immediately to any market, while restricted percentage tart cherries
must be held by handlers in a primary or secondary reserve, or be
diverted in accordance with Sec. 930.59 of the order and Sec. 930.159
of the regulations, or used for exempt purposes (to obtain diversion
credit) under Sec. 930.62 of the order and Sec. 930.162 of the
regulations. The regulated Districts for this season are: District
one--Northern Michigan; District two--Central Michigan; District
three--Southwest Michigan; District four--New York; District seven--
Utah; District eight--Washington, and District nine--Wisconsin.
Districts five and six (Oregon and Pennsylvania, respectively) will not
be regulated for the 2005-2006 season.
The order prescribes under Sec. 930.52 that those districts to be
regulated shall be those districts in which the average annual
production of cherries over the prior three years has exceeded six
million pounds. A district not meeting the six million-pound
requirement shall not be regulated in such crop year. Because this
requirement was not met in the Districts of Oregon and Pennsylvania,
handlers in those districts will not be subject to volume regulation
during the 2005-2006 crop year.
Demand for tart cherries at the farm level is derived from the
demand for tart cherry products at retail. Demand for tart cherries and
tart cherry products tend to be relatively stable from year to year.
The supply of tart cherries, by contrast, varies greatly from crop year
to crop year. The magnitude of annual fluctuations in tart cherry
supplies is one of the most pronounced for any agricultural commodity
in the United States. In addition, because tart cherries are processed
either into cans or frozen, they can be stored and carried over from
[[Page 1916]]
crop year to crop year. This creates substantial coordination and
marketing problems. The supply and demand for tart cherries is rarely
balanced. The primary purpose of setting free and restricted
percentages is to balance supply with demand, reduce large surpluses
that may occur, and to assure adequate supplies in short crop
production years.
Section 930.50(a) of the order prescribes procedures for computing
an optimum supply for each crop year. The Board must meet on or about
July 1 of each crop year, to review sales data, inventory data, current
crop forecasts and market conditions. The optimum supply volume shall
be calculated as 100 percent of the average sales of the prior three
years to which is added a desirable carryout inventory not to exceed 20
million pounds or such other amount as may be established with the
approval of the Secretary. The optimum supply represents the desirable
volume of tart cherries that should be available for sale in the coming
crop year.
The order also provides that on or about July 1 of each crop year,
the Board is required to establish preliminary free and restricted
percentages. These percentages are computed by deducting the actual
carryin inventory from the optimum supply figure (adjusted to raw
product equivalent--the actual weight of cherries handled to process
into cherry products) and subtracting that figure from the current
year's USDA crop forecast. If the resulting number is positive, this
represents the estimated over-production, which would be the restricted
percentage tonnage. The restricted percentage tonnage is then divided
by the sum of the USDA crop forecast or by an average of such other
crop estimates for the regulated districts to obtain percentages for
the regulated districts. The Board is required to establish a
preliminary restricted percentage equal to the quotient, rounded to the
nearest whole number, with the complement being the preliminary free
tonnage percentage. If the tonnage requirements for the year are more
than the USDA crop forecast, the Board is required to establish a
preliminary free tonnage percentage of 100 percent and a preliminary
restricted percentage of zero. The Board is required to announce the
preliminary percentages in accordance with paragraph (h) of Sec.
930.50.
The Board met on June 23, 2005, and computed, for the 2005-2006
crop year, an optimum supply of 169 million pounds. The Board
recommended that the desirable carryout figure be zero pounds.
Desirable carryout is the amount of fruit required to be carried into
the succeeding crop year and is set by the Board after considering
market circumstances and needs. This figure can range from zero to a
maximum of 20 million pounds, or such other amount, as the Board with
the approval of the Secretary, may establish.
The Board also recommended an economic adjustment of 16 million
pounds to be subtracted from the surplus to recognize the decrease in
the optimum supply formula which includes total production amounts from
the 2002 crop disaster year. The Board calculated preliminary free and
restricted percentages as follows: The USDA estimate of the crop for
the entire production area was 244 million pounds; a 28 million pound
carryin (based on Board estimates) was subtracted from the optimum
supply of 169 pounds which resulted in 2005-2006 tonnage requirements
(adjusted optimum supply) of 141 million pounds. The carryin figure
reflects the amount of cherries that handlers actually had in inventory
at the beginning of the 2005-2006 crop year. Subtracting the adjusted
optimum supply of 141 million pounds from the USDA crop estimate (244
million pounds) results in a surplus of 103 million pounds of tart
cherries. An economic adjustment of 16 million pounds is subtracted
from the 103 million pound surplus that leaves a total surplus of 87
million pounds. The surplus was divided by the production in the
regulated districts (241 million pounds) and resulted in a restricted
percentage of 36 percent for the 2005-2006 crop year. The free
percentage was 64 percent (100 percent minus 36 percent). The Board
established these 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 available at
the June meeting for the 2005-2006 year:
------------------------------------------------------------------------
Millions of
pounds
------------------------------------------------------------------------
Optimum Supply Formula: ..............
(1) Average sales of the prior three years.......... 169
(2) Plus desirable carryout......................... 0
(3) Optimum supply calculated by the Board at the 169
June meeting.......................................
Preliminary Percentages: ..............
(4) USDA crop estimate.............................. 244
(5) Plus carryin held by handlers as of July 1, 2003 28
(6) Adjusted optimum supply for current crop year 141
(Item 3 minus Item 5)..............................
(7) Surplus (restricted tonnage) (Item 4 minus Item 103
6).................................................
(8) Economic Adjustment............................. 16
(9) Surplus (Item 7 minus Item 8)................... 87
(10) USDA crop estimate for regulated districts..... 241
------------------------------------------------------------------------
Free Restricted
------------------------------------------------------------------------
(11) Preliminary percentages (Item 9 64 36
divided by Item 10 x 100 equals the
restricted percentage; 100 minus
the restricted percentage equals
the free percentage)...............
------------------------------------------------------------------------
Between July 1 and September 15 of each crop year, the Board may
modify the preliminary free and restricted percentages by announcing
interim free and restricted percentages to adjust to the actual pack
occurring in the industry. No modifications were made this crop year.
USDA establishes final free and restricted percentages through the
informal rulemaking process. These percentages make available the tart
cherries necessary to achieve the optimum supply figure calculated by
the Board. The difference between any final free percentage designated
by the USDA and 100 percent is the final restricted percentage. The
Board met on September 9, 2005, to recommend final free and restricted
percentages.
[[Page 1917]]
The actual production reported by the Board was 267 million pounds,
which is a 23 million pound increase from the USDA crop estimate of 244
million pounds.
A 29 million pound carryin (based on handler reports) was
subtracted from the Board's optimum supply of 169 million pounds,
yielding an adjusted optimum supply for the current crop year of 140
million pounds. The optimum supply of 140 million pounds was subtracted
from the actual production of 267 million pounds, which resulted in a
127 million pound surplus. An economic adjustment of 16 million pounds
was subtracted from the surplus to equal 111 million pounds of surplus
tart cherries. The total surplus of 111 million pounds is divided by
the 264 million-pound volume of tart cherries produced in the regulated
districts. This results in a 42 percent restricted percentage and a
corresponding 58 percent free percentage for the regulated districts.
The final percentages are based on the Board's reported production
figures and the following supply and demand information available in
September for the 2005-2006 crop year:
------------------------------------------------------------------------
Millions of
pounds
------------------------------------------------------------------------
Optimum Supply Formula:
(1) Average sales of the prior three years.......... 169
(2) Plus desirable carryout......................... 0
(3) Optimum supply calculated by the Board.......... 169
Preliminary Percentages:
(4) Board reported production....................... 267
(5) Carryin held by handlers as of July 1, 2005..... 29
(6) Adjusted optimum supply (Item 3 minus Item 5)... 140
(7) Surplus (restricted tonnage) (Item 4 minus Item 127
6).................................................
(8) Economic Adjustment............................. 16
(9) Total Surplus (Item 7 minus Item 8)............. 111
(10) Production in regulated districts.............. 264
------------------------------------------------------------------------
Percentages
-------------------------------
Free Restricted
------------------------------------------------------------------------
(11) Final percentages (Item 9 58 42
divided by Item 10 x 100 equals the
restricted percentage; 100 minus
the restricted percentage equals
the free percentage)...............
------------------------------------------------------------------------
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. This goal will be
met by this action which releases 100 percent of the optimum supply and
the additional release of tart cherries provided under for Sec.
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 recommended that such release should be made
available to handlers the first week of December and the first week of
May. Handlers can decide how much of the 10 percent release they would
like to receive on the December and May release dates. Once released,
such cherries are released for free use by such handler. Approximately
17 million pounds would be made available to handlers this season in
accordance with USDA Guidelines. This release will be made available to
every handler and released to such handler in proportion to the
handler's percentage of the total regulated crop handled. If a handler
does not take his/her proportionate amount, such amount remains in the
inventory reserve.
The Regulatory Flexibility Act and Effects on Small Businesses
Pursuant to requirements set forth in the Regulatory Flexibility
Act (RFA), the Agricultural Marketing Service (AMS) has considered the
economic impact of this action on small entities. Accordingly, AMS has
prepared this final 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. 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 900 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 121.201) as those
having annual receipts of less than $6,000,000, and small agricultural
producers are defined as those having annual receipts of less than
$750,000. A majority of the producers and handlers are considered small
entities under SBA's standards.
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 2000/2001 through 2004/2005, approximately 93.4
percent of the U.S. tart cherry crop, or 216.8 million pounds, was
processed annually. Of the 216.8 million pounds of tart cherries
processed, 59 percent was frozen, 28 percent was canned, and 13 percent
was utilized for juice and other products.
Based on National Agricultural Statistics Service data, acreage in
the United States devoted to tart cherry production has been trending
downward. Bearing acreage has declined from a high of 50,050 acres in
1987/88 to 36,950 acres in 2004/2005. This represents a 26 percent
decrease in total bearing acres. Michigan leads the nation in tart
cherry acreage with 73 percent of the total and produces about 70
percent of the U.S. tart cherry crop each year.
The 2005/2006 crop is relatively large in size at 266.7 million
pounds. This is the highest level of production since the 2001/2002
crop. The largest crop occurred in 1995/1996 with production in the
regulated districts reaching a record 395.6 million pounds. The price
per pound received by tart cherry growers ranged from a low of 7.3
cents
[[Page 1918]]
in 1987 to a high of 46.4 cents in 1991. Wide supply and price
fluctuations in the tart cherry industry are national in scope and
impact. Growers testified during the order promulgation process that
the prices they received often did not come close to covering the costs
of production.
The industry demonstrated a need for an order during the
promulgation process of the marketing order because large variations in
annual tart cherry supplies tend to lead to fluctuations in prices and
disorderly marketing. As a result of these fluctuations in supply and
price, growers realize less income. The industry chose a volume control
marketing order to even out these wide variations in supply and 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 had been going out of business 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.
Aggregate demand for tart cherries and tart cherry products tends
to be relatively stable from year-to-year. Similarly, prices at the
retail level show minimal variation. Consumer prices in grocery stores,
and particularly in food service markets, largely do not reflect
fluctuations in cherry supplies. Retail demand is assumed to be highly
inelastic which indicates that price reductions do not result in large
increases in the quantity demanded. Most tart cherries are sold to food
service outlets and to consumers as pie filling; frozen cherries are
sold as an ingredient to manufacturers of pies and cherry desserts.
Juice and dried cherries are expanding market outlets for tart
cherries.
Demand for tart cherries at the farm level is derived from the
demand for tart cherry products at retail. In general, the farm-level
demand for a commodity consists of the demand at retail or food service
outlets minus per-unit processing and distribution costs incurred in
transforming the raw farm commodity into a product available to
consumers. These costs comprise what is known as the ``marketing
margin.''
The supply of tart cherries, by contrast, varies greatly. The
magnitude of annual fluctuations in tart cherry supplies is one of the
most pronounced for any agricultural commodity in the United States. In
addition, since tart cherries are processed either into cans or frozen,
they can be stored and carried over from year-to-year. This creates
substantial coordination and marketing problems. The supply and demand
for tart cherries is rarely in equilibrium. As a result, grower prices
fluctuate widely, reflecting the large swings in annual supplies.
In an effort to stabilize prices, the tart cherry industry uses the
volume control mechanisms under the authority of the Federal marketing
order. This authority allows the industry to set free and restricted
percentages. These restricted percentages are only applied to states or
districts with a 3-year average of production greater than six million
pounds, and to states or districts in which the production is 50
percent or more of the previous 5-year processed production average.
The primary purpose of setting restricted percentages is an attempt
to bring supply and demand into balance. If the primary market is over-
supplied with cherries, grower prices decline substantially.
The tart cherry sector uses an industry-wide storage program as a
supplemental coordinating mechanism under the Federal marketing order.
The primary purpose of the storage program is to warehouse supplies in
large crop years in order to supplement supplies in short crop years.
The storage approach is feasible because the increase in price--when
moving from a large crop to a short crop year--more than offsets the
costs for storage, interest, and handling of the stored cherries.
The price that growers receive for their crop is largely determined
by the total production volume and carrying inventories. The Federal
marketing order permits the industry to exercise supply control
provisions, which allow for the establishment of free and restricted
percentages for the primary market, and a storage program. The
establishment of restricted percentages impacts the production to be
marketed in the primary market, while the storage program has an impact
on the volume of unsold inventories.
The volume control mechanism used by the cherry industry results in
decreased shipments to primary markets. Without volume control the
primary markets would likely be over-supplied, resulting in lower
grower prices.
To assess the impact that volume control has on the prices growers
receive for their product, an econometric model has been developed. The
econometric model provides a way to see what impacts volume control may
have on grower prices. The three districts in Michigan, along with the
districts in Utah, New York, Washington, and Wisconsin are the
restricted areas for this crop year and their combined total production
is 264 million pounds. A 42 percent restriction means 185 million
pounds is available to be shipped to primary markets.
In addition, USDA requires a 10 percent release from reserves as a
market growth factor. This results in an additional 17 million pounds
being available for the primary market. A total of 202 million pounds
are available for primary market sales.
The econometric model is used to estimate grower prices with and
without regulation. Without the volume controls, grower prices are
estimated to be approximately $0.08 higher than without volume
controls.
The use of volume controls is estimated to have a positive impact
on growers' total revenues. With restriction, revenues are estimated to
be $3.9 million higher than without restrictions. The without
restrictions scenario assumes that all tart cherries produced would be
delivered to processors for payments.
It is concluded that the 42 percent volume control would not unduly
burden producers, particularly smaller growers. The 42 percent
restriction would be applied to the growers in Michigan, New York,
Utah, Washington, and Wisconsin. The growers and handlers in the other
two states covered under the marketing order will benefit from this
restriction.
Without the use of volume controls, the industry could be expected
to start to build large amounts of unwanted inventories. These
inventories have a depressing effect on grower prices. The econometric
model shows for every 1 million-pound increase in carrying inventories,
a decrease in grower prices of $0.0033 per pound occurs. The use of
volume controls allows the industry to supply the primary markets while
avoiding the disastrous results of over-supplying these markets. In
addition, through volume control, the industry has an additional supply
of cherries that can be used to develop secondary markets such as
exports and the development of new products. The use of reserve
cherries in the production shortened 2002-2003 crop year proved to be
very useful and beneficial to growers and packers.
In discussing the possibility of marketing percentages for the
2005-2006 crop year, the Board considered the following factors
contained in the marketing policy: (1) The estimated total production
of tart cherries; (2) the
[[Page 1919]]
estimated size of the crop to be handled; (3) the expected general
quality of such cherry production; (4) the expected 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 the factors resulted in the computation and
announcement in September 2005 of the free and restricted percentages
established by this rule (58 percent free and 42 percent restricted).
One alternative to this action would be not to have volume
regulation this season. Board members stated that no volume regulation
would be detrimental to the tart cherry industry due to the size of the
2005-2006 crop.
As mentioned earlier, the 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 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 regulation.
While the benefits resulting from 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.
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 under the tart cherry marketing order have
been previously approved by OMB and assigned OMB Number 0581-0177.
Reporting and recordkeeping burdens are necessary for compliance
purposes and for developing statistical data for maintenance of the
program. The forms require information which is readily available from
handler records and which can be provided without data processing
equipment or trained statistical staff. 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 rule does not change those
requirements.
AMS is committed to compliance with the Government Paperwork
Elimination Act (GPEA), which requires Government agencies in general
to provide the public the option of submitting information or
transacting business electronically to the maximum extent possible.
A proposed rule concerning this action was published in the Federal
Register on November 7, 2005 (70 FR 67375). Copies of the rule were
mailed or sent via facsimile to all Board members and handlers.
Finally, the rule was made available through the Internet by the Office
of the Federal Register and USDA. A 30-day comment period ending
December 7, 2005, was provided to allow interested persons to respond
to the proposal. No comments were received.
After consideration of all relevant matter presented, including the
information and recommendation submitted by the Board 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.
It is found that good cause exists for not postponing the effective
date of this rule until 30 days after publication in the Federal
Register (5 U.S.C. 553) because handlers are already shipping tart
cherries from the 2005-2006 crop. Further, handlers are aware of this
rule, which was recommended at a public meeting. Also, a 30-day comment
period was provided for in the proposed rule and no comments were
received.
List of Subjects in 7 CFR Part 930
Marketing agreements, Reporting and recordkeeping requirements,
Tart cherries.
0
For the reasons set forth in the preamble, 7 CFR part 930 is amended as
follows:
PART 930--TART CHERRIES GROWN IN THE STATES OF MICHIGAN, NEW YORK,
PENNSYLVANIA, OREGON, UTAH, WASHINGTON, AND WISCONSIN
0
1. The authority citation for 7 CFR part 930 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
0
2. Section 930.254 is added to read as follows:
Note: This section will not appear in the annual Code of Federal
Regulations.
Sec. 930.254 Final free and restricted percentages for the 2005-2006
crop year.
The final percentages for tart cherries handled by handlers during
the crop year beginning on July 1, 2005, which shall be free and
restricted, respectively, are designated as follows: Free percentage,
58 percent and restricted percentage, 42 percent.
Dated: January 6, 2006.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. 06-273 Filed 1-11-06; 8:45 am]
BILLING CODE 3410-02-P