[Federal Register Volume 75, Number 216 (Tuesday, November 9, 2010)]
[Rules and Regulations]
[Pages 68681-68682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-28240]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
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 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 75, No. 216 / Tuesday, November 9, 2010 /
Rules and Regulations
[[Page 68681]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 983
[Doc. No. AMS-FV-10-0031; FV10-983-1 FIR]
Pistachios Grown in California, Arizona, and New Mexico;
Modification of the Aflatoxin Regulations
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Affirmation of interim rule as final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Agriculture (USDA) is adopting, as a final
rule, without change, an interim rule that modified the aflatoxin
sampling and testing regulations prescribed under the California,
Arizona, and New Mexico pistachio marketing order (order). The interim
rule streamlined the aflatoxin sampling and testing procedures under
the order's rules and regulations for pistachios to be shipped for
domestic human consumption while maintaining sufficient aflatoxin
controls. These changes are expected to reduce handler operating costs
by providing a uniform and consistent aflatoxin sampling and testing
procedure for pistachios shipped to all market destinations.
DATES: Effective Date: November 10, 2010.
FOR FURTHER INFORMATION CONTACT: Andrea Ricci, 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:
[email protected] or [email protected].
Small businesses may obtain information on complying with this and
other marketing order regulations by viewing a guide at the following
Web site: http://www.ams.usda.gov/MarketingOrdersSmallBusinessGuide; or
by contacting Antoinette Carter, 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 rule is issued under Marketing
Agreement and Order No. 983, as amended (7 CFR part 983), regulating
the handling of pistachios grown in California, Arizona, and New
Mexico, 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.
The handling of pistachios grown in California, Arizona, and New
Mexico is regulated by 7 CFR part 983. Prior to this change, pistachios
for shipment to domestic markets were subject to different aflatoxin
sampling and testing procedures than pistachios for shipment to certain
export markets. This rule continues in effect an interim rule modifying
the aflatoxin sampling and testing procedures to provide consistent and
uniform procedures for pistachios regardless of market destination.
These changes are intended to streamline handler operating procedures
and reduce operating costs.
The specific changes modify the sampling procedure detailing how
the samples will be created and analyzed, depending on the size of the
pistachio lots. They also specify how the lots are certified based upon
the aflatoxin levels found in the samples. Finally, the term
``Chromatograph'' is changed to ``Chromatography'' and unnecessary
language was removed.
In an interim rule published in the Federal Register on July 23,
2010, and effective on July 24, 2010, (75 FR 43045, Doc. No. AMS-FV-10-
0031, FV10-983-1 IR), Sec. 983.150 (a), (d)(2), (d)(3), (d)(4), and
(d)(6) were amended by removing unnecessary language from Sec.
983.150(a), changing the creation and analysis of test samples in
paragraph (d)(2), changing the term ``Chromatograph'' to
``Chromatography'' in paragraph (d)(3), changing the certification of
lots based on aflatoxin levels in the samples in paragraph (d)(5), and
removing the reference to sample 3 in paragraph (d)(6).
Final 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 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 the rules issued thereunder, are unique in
that they are brought about through group action of essentially small
entities acting on their own behalf.
There are approximately 29 handlers and 875 producers of pistachios
in California, Arizona and New Mexico. Small business firms, which
include handlers regulated under the order, have been defined by the
Small Business Administration (SBA) (13 CFR 121.201) as those having
annual receipts of less than $7,000,000. Small agricultural producers
have been defined as those with annual receipts of less than $750,000.
Currently, about 72 percent of the California handlers ship less
than $7,000,000 worth of pistachios on an annual basis and would
therefore be considered small business firms under the SBA definition.
Based on acreage, production, and grower prices reported by the
Committee, the average annual revenue for small handlers is
approximately $1,721,911. The industry has estimated that one of the
Arizona handlers and all three New Mexico handlers would also be
considered small businesses.
Data provided by the Committee regarding the size of the 2009
California crop indicates that approximately 630 California growers had
350,000 pounds or less of assessable dry weight of pistachios. Using
the most recent grower price of $2.04 per pound for pistachios, it is
estimated that 81 percent of California producers had receipts of
[[Page 68682]]
approximately $714,000, which is less than $750,000, and thus would be
considered small business according to the SBA definition. Although
there is no official data available to date, as these states were
recently added to the order and have not completed one full crop year
for reporting purposes, the industry estimates that the majority of
producers in Arizona and New Mexico would also be considered small
businesses.
This rule continues in effect the action that modified the
aflatoxin sampling and testing regulations currently prescribed under
the California, Arizona and New Mexico pistachio order, as well as
removed unnecessary language and corrected terminology. The changes to
Sec. 983.150 are expected to reduce handler operating costs by
providing a uniform and consistent aflatoxin sampling and testing
procedure for pistachios shipped to all market destinations. Authority
for the change in the order's rules and regulations is provided in
Sec. 983.50.
This action is expected to benefit producers and handlers,
regardless of size and regardless of the market they ship into, as it
streamlines handler operations and increases marketing flexibility.
Reducing the number of required samples, the number of aflatoxin
analyses, and the total weight of the lot samples, while increasing the
weight of the test samples for each lot is expected to result in an
estimated annual savings to the industry of approximately $18,000,
including reductions of $900 for sampling, $1,400 for testing, $12,750
for labor, and $3,750 in shipping costs for those small handlers that
do not do testing on site.
This action will not impose any additional reporting or
recordkeeping requirements on either small or large pistachio 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. In addition, USDA
has not identified any relevant Federal rules that duplicate, overlap
or conflict with this rule.
Further, the Committee's meeting was widely publicized throughout
the pistachio industry and all interested persons were invited to
attend the meeting and participate in Committee deliberations. Like all
Committee meetings, the meeting was a public meeting and all entities,
both large and small, were able to express their views on this issue.
Comments on the interim rule were required to be received on or
before September 21, 2010. No comments were received. Therefore, for
the reasons given in the interim rule, we are adopting the interim rule
as a final rule, without change.
To view the interim rule, go to: http: //www.regulations.gov and
type the following docket number into the keyword search section: FV10-
983-1 IR. Follow the link provided in the ``Results'' section of this
page.
This action also affirms information contained in the interim rule
concerning Executive Orders 12866 and 12988, Paperwork Reduction Act
(44 U.S.C. chapter 35), and the E-Gov Act (44 U.S.C. 101).
After consideration of all relevant material presented, it is found
that finalizing the interim rule, without change, as published in the
Federal Register (75 FR 43045, July 23, 2010) will tend to effectuate
the declared policy of the Act.
List of Subjects in 7 CFR Part 983
Marketing agreements and orders, Pistachios, Reporting and
recordkeeping requirements.
PART 983--[AMENDED]
0
Accordingly, the interim rule that amended 7 CFR part 983 that was
published at 75 FR 43045 on July 23, 2010, is adopted as a final rule,
without change.
Dated: November 3, 2010.
David R. Shipman,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 2010-28240 Filed 11-8-10; 8:45 am]
BILLING CODE 3410-02-P