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Federal Register / Vol. 72, No.

13 / Monday, January 22, 2007 / Rules and Regulations 2599

and Portola Parkway; then southeast on producers with reasonable returns. This apply to all merchantable hazelnuts
Portola Parkway to State Highway 261; rule was recommended unanimously by handled during the 2006–2007
then southwest on State Highway 261 to the Hazelnut Marketing Board (Board), marketing year beginning July 1, 2006.
Irvine Boulevard; then southeast on which is the agency responsible for This action applies to all 2006–2007
Irvine Boulevard to Culver Drive; then local administration of the marketing marketing year restricted hazelnuts until
southwest on Culver Drive to U.S. order. they are properly disposed of in
Interstate 5; then southeast on U.S. accordance with marketing order
DATES: Effective January 23, 2007. This
Interstate 5 to Jeffery Road; then requirements. This rule will not
interim final rule applies to all 2006–
southwest on Jeffery Road to University preempt any State or local laws,
2007 marketing year restricted hazelnuts
Drive; then southwest, west, and regulations, or policies, unless they
until they are properly disposed of in
southwest on University Drive to State present an irreconcilable conflict with
accordance with marketing order
Highway 73; then northwest on State this rule.
requirements. Comments received by The Act provides that administrative
Highway 73 to Irvine Avenue; then
March 23, 2007 will be considered prior proceedings must be exhausted before
southwest, west, and southwest on
to issuance of a final rule. parties may file suit in court. Under
Irvine Avenue to 22nd Street; then
northwest on 22nd Street to Victoria ADDRESSES: Interested persons are section 608c(15)(A) of the Act, any
Street; then west on Victoria Street to invited to submit written comments handler subject to an order may file
Harbor Boulevard; then north on Harbor concerning this rule. Comments must be with USDA a petition stating that the
Boulevard to Adams Avenue; then west sent to the Docket Clerk, Marketing order, any provision of the order, or any
on Adams Avenue to Brookhurst Order Administration Branch, Fruit and obligation imposed in connection with
Avenue; then north on Brookhurst Vegetable Programs, AMS, USDA, 1400 the order is not in accordance with law
Avenue to the point of beginning. Independence Avenue, SW., STOP and request a modification of the order
0237, Washington, DC 20250–0237; Fax: or to be exempted therefrom. A handler
Done in Washington, DC, this 16th day of
January 2007.
(202) 720–8938, E-mail: is afforded the opportunity for a hearing
moab.docketclerk@usda.gov, or Internet: on the petition. After the hearing, USDA
Kevin Shea,
http://www.regulations.gov. All would rule on the petition. The Act
Acting Administrator, Animal and Plant
comments should reference the docket provides that the district court of the
Health Inspection Service.
number and the date and page number United States in any district in which
[FR Doc. E7–801 Filed 1–19–07; 8:45 am]
of this issue of the Federal Register. the handler is an inhabitant, or has his
BILLING CODE 3410–34–P
FOR FURTHER INFORMATION CONTACT: or her principal place of business, has
Barry Broadbent or Gary Olson, jurisdiction to review USDA’s ruling on
Northwest Marketing Field Office, the petition, provided an action is filed
DEPARTMENT OF AGRICULTURE
Marketing Order Administration not later than 20 days after the date of
Agricultural Marketing Service Branch, Fruit and Vegetable Programs, the entry of the ruling.
AMS, USDA, 1220 SW Third Avenue, This rule establishes free and
7 CFR Part 982 Suite 385, Portland, OR 97204; restricted percentages which allocate
Telephone: (503) 326–2724, Fax: (503) the quantity of domestically produced
[Docket No. AMS–FV–06–0175; FV07–982– hazelnuts which may be marketed in
1 IFR] 326–7440, or E-mail:
Barry.Broadbent@usda.gov or domestic inshell markets (free) and
GaryD.Olson@usda.gov. hazelnuts which must be exported,
Hazelnuts Grown in Oregon and
Small businesses may request shelled, or otherwise disposed of by
Washington; Establishment of Final
information on complying with this handlers (restricted). The Board met
Free and Restricted Percentages for
regulation by contacting Jay Guerber, and, after determining that volume
the 2006–2007 Marketing Year
Marketing Order Administration regulation would tend to effectuate the
AGENCY: Agricultural Marketing Service, Branch, Fruit and Vegetable Programs, declared policy of the Act, developed a
USDA. AMS, USDA, 1400 Independence marketing policy to be employed for the
ACTION: Interim final rule with request Avenue, SW., STOP 0237, Washington, duration of the 2006–2007 marketing
for comments. DC 20250–0237; Telephone: (202) 720– year. Volume regulation is intended to
2491, Fax: (202) 720–8938, or E-mail: stabilize the supply of domestic inshell
SUMMARY: This rule establishes final free hazelnuts to meet the limited domestic
and restricted percentages for domestic Jay.Guerber@usda.gov.
demand for such hazelnuts with the
inshell hazelnuts for the 2006–2007 SUPPLEMENTARY INFORMATION: This rule goal of providing producers with
marketing year under the Federal is issued under Marketing Agreement reasonable returns. Based on an estimate
marketing order for hazelnuts grown in No. 115 and Marketing Order No. 982, of the domestic inshell trade demand
Oregon and Washington. The final free both as amended (7 CFR part 982), and total supply of domestically
and restricted percentages are 8.2840 regulating the handling of hazelnuts produced hazelnuts available for the
percent and 91.7160 percent, grown in Oregon and Washington, 2006–2007 marketing year, the Board
respectively. The percentages allocate hereinafter referred to as the ‘‘order.’’ voted unanimously at their November
the quantity of domestically produced The order is effective under the 15, 2006, meeting to recommend to
hazelnuts which may be marketed in the Agricultural Marketing Agreement Act USDA that the final free and restricted
domestic inshell market (free) and the of 1937, as amended (7 U.S.C. 601–674), percentages for the 2006–2007
quantity of domestically produced hereinafter referred to as the ‘‘Act.’’ marketing year be established at 8.2840
hazelnuts that must be disposed of in The Department of Agriculture percent and 91.7160 percent,
outlets approved by the Board (USDA) is issuing this rule in respectively.
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(restricted). Volume regulation is conformance with Executive Order The Board’s authority to recommend
intended to stabilize the supply of 12866. volume regulation and use
domestic inshell hazelnuts to meet the This rule has been reviewed under computations to determine the
limited domestic demand for such Executive Order 12988, Civil Justice allocation of hazelnuts to individual
hazelnuts with the goal of providing Reform. It is intended that this action markets is specified in § 982.40 of the

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2600 Federal Register / Vol. 72, No. 13 / Monday, January 22, 2007 / Rules and Regulations

order. Under the order’s provisions, free production which has historically been by taking the average of the domestic
and restricted market allocations of very accurate. inshell trade acquisitions for the 2002–
hazelnuts are expressed as percentages On August 24, 2006, the Board met for 2005 marketing years (2,775 tons) and
of the total hazelnut supply subject to the purpose of (1) determining if volume then reducing that quantity by the
regulation. The percentages are derived control regulation would tend to declared carry-in from last year’s crop
by dividing the estimated domestic effectuate the declared policy of the Act; (124 tons). The trade acquisition data for
inshell trade demand (computed by (2) estimating the total available supply the 2005–2006 marketing year was
formula) by the Board’s estimate of the and the domestic inshell trade demand omitted from the Board’s calculations,
total domestically produced supply of for hazelnuts; (3) establishing as allowed by the order, after it was
hazelnuts that are expected to be preliminary free and restricted determined to be abnormal due to crop
available over the course of the marketing percentages for the 2006– and marketing conditions.
marketing year. 2007 marketing year; and (4) authorizing The declared carry-in represents
Inshell trade demand, the key market outlets for restricted hazelnuts. product regulated under the order
component of the marketing policy, is After discussion, the Board during a preceding marketing year but
the estimated quantity of inshell unanimously determined that volume not shipped during that year. This
hazelnuts necessary to adequately regulation would be necessary to inventory must be accounted for when
supply the domestic inshell hazelnut effectively market the industry’s 2006 estimating the quantity of product to
market for the duration of the marketing crop and would tend to effectuate the make available to adequately supply the
year. The Board determines the declared policy of the Act. The market.
domestic inshell trade demand for each determination was based on (1) the large After establishing estimates for total
year and uses that estimate as the basis size of the 2006 hazelnut crop; (2) the available hazelnut supply and domestic
for setting the percentage of the inability of the domestic inshell market inshell trade demand, the Board used
available supply of domestically to absorb such a large crop; (3) the those estimates to compute and
produced hazelnuts that handlers may projected record-setting world hazelnut announce preliminary free and
ship to the domestic inshell market crop and the probability of an restricted percentages of 5.4055 percent
throughout the marketing season. The oversupplied world market; and (4) the and 94.5945 percent, respectively. The
order specifies that inshell trade average price paid to Oregon- Board computed the preliminary free
demand be computed by averaging the Washington growers has not exceeded percentage by multiplying the adjusted
preceding three years’ trade acquisitions the parity price in any one of the past inshell trade demand by 80 percent and
of inshell hazelnuts, allowing 18 years. dividing the result by the estimate of the
adjustments for abnormal crop or The Board then estimated the total total available supply subject to
marketing conditions. In addition, the available supply for the 2006 crop year regulation (2,651 tons × 80 percent/
Board may increase the computed to be 39,234 tons. The Board arrived at 39,234 tons = 5.4055 percent). The
inshell trade demand by up to 25 that quantity by using the crop estimate preliminary free percentage initially
percent, if market conditions warrant an compiled by NASS (41,000 tons) and released 2,121 tons of hazelnuts from
increase. then adjusting that estimate to account the 2006–2007 supply for domestic
As required by the order, prior to for disappearance and carry-in. The inshell use. The Board authorized the
September 20 of each marketing year, order requires the Board to reduce the preliminary restricted percentage
the Board meets to establish its crop estimate by the average (37,113 tons) to be exported or shelled
marketing policy for that year. If the disappearance over the preceding three for the domestic kernel markets.
Board determines that volume control years (1,792 tons) and to increase it by Under the order, the Board must meet
would tend to effectuate the declared the amount of undeclared carry-in from again on or before November 15 to
policy of the Act, the Board then follows previous years’ production (26 tons.) review and revise the preliminary
a procedure, specified by the order, to In the calculation, disappearance is estimate of the total available supply of
compute and announce preliminary free defined as the difference between the hazelnuts and to recommend interim
and restricted percentages. The estimated orchard-run production and final and final free and restricted
preliminary free percentage releases 80 the actual supply of merchantable percentages. Initially, when establishing
percent of the adjusted inshell trade product available for sale by handlers. preliminary free and restricted
demand that handlers may ship to the Disappearance can consist of (1) percentages, the Board utilizes a pre-
domestic market. The purpose of unharvested hazelnuts; (2) culled harvest objective yield survey, compiled
releasing only 80 percent of the inshell product (nuts that are delivered to by NASS on behalf of the Board, to
trade demand under the preliminary handlers but later discarded); (3) estimate the upcoming crop size. After
stage of regulation is to guard against product used on the farm, sold locally, the hazelnut harvest has concluded,
any potential underestimate of crop or otherwise disposed of by producers; usually sometime in October,
size. The preliminary free percentage is and (4) statistical error in the orchard- information is available directly from
expressed as a percentage of the total run production estimate. handlers to more accurately estimate
hazelnut supply subject to regulation, Undeclared carry-in is defined as crop size. The Board may use this
where total supply is the sum of the hazelnuts that were produced in a information to amend their preliminary
estimated crop production less the previous marketing year but were not estimate of total available supply before
three-year average disappearance plus subject to regulation because they were calculating the interim final and final
the undeclared carry-in from the not shipped during that marketing year. percentages.
previous marketing year. Undeclared carry-in is subject to Interim final percentages are
On August 22, 2006, the National regulation during the current marketing calculated in the same way as the
Agricultural Statistics Service (NASS) year and is accounted for as such by the preliminary percentages but release 100
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released an estimate of 2006 hazelnut Board. percent of the inshell trade demand,
production for the Oregon and Additionally, the Board estimated effectively releasing the additional 20
Washington area at 41,000 dry orchard- domestic inshell trade demand for the percent held back at the preliminary
run tons. NASS uses an objective yield 2006–2007 marketing year to be 3,067 stage. Final free and restricted
survey method to estimate hazelnut tons. The Board arrived at this estimate percentages may release up to an

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Federal Register / Vol. 72, No. 13 / Monday, January 22, 2007 / Rules and Regulations 2601

additional 15 percent of the average Revisions in the marketing policy can be desirable carryout would not adversely
trade acquisitions of inshell hazelnuts made until February 15 of each affect the 2006–2007 domestic inshell
for desirable carryout, to provide an marketing year, but the inshell trade market. Final percentages were
adequate carryover of product into the demand can only be revised upward, recommended at 8.2840 percent free
following season. The order requires consistent with § 982.40(e). and 91.1760 percent restricted. The final
that final free and restricted percentages The Board met on November 15, 2006, free percentage releases 3,067 tons of
be effective 30 days prior to the end of and reviewed and approved an inshell hazelnuts from the 2006–2007
the marketing year, or earlier, if amended marketing policy and supply for domestic use, which includes
recommended by the Board and recommended the establishment of final 416 tons for desirable carryout.
approved by USDA. The Board is free and restricted percentages. During Accordingly, since the final percentages
allowed to combine the interim final the meeting, the Board revised the crop
were recommended for immediate
and the final stages of the marketing estimate in the marketing policy to
release, no recommendations for interim
policy, if marketing conditions so 38,688 tons (from 41,000 tons), which
final free and restricted percentages
warrant, by recommending final reflects the results of post-harvest
handler survey information compiled by were necessary.
percentages which immediately release
100 percent of the inshell trade demand the Board. In addition, the Board The final marketing percentages are
(the preliminary percentage plus the decided that market conditions were based on the Board’s final production
additional 20 held back) plus any such that the immediate release of an estimate and the following supply and
percentage increase the Board additional 15 percent of the three year demand information for the 2006–2007
determines for desirable carryout. average trade acquisitions to allow for marketing year:

Total available supply Tons

(1) Production forecast (11/15/06 crop estimate) ...................................................................................................................................... 38,688


(2) Minus: Disappearance (three year average ¥ 4.37 percent of Item 1) ............................................................................................. ¥1,691
(3) Merchantable production (Item 1 minus Item 2) .................................................................................................................................. 36,997
(4) Plus: Undeclared carry-in as of July 1, 2006 (subject to 2006–2007 regulation) ............................................................................... +26
(5) Available supply subject to regulation (Item 3 plus Item 4) ................................................................................................................ 37,023

Inshell trade demand

(6) Average trade acquisitions of inshell hazelnuts (three prior years domestic sales) ........................................................................... 2,775
(7) Plus: Increase to encourage increased sales (15% of average trade acquisitions) ........................................................................... +416
(8) Minus: Declared carry-in as of July 1, 2006 (not subject to 2006–2007 regulation) .......................................................................... ¥124
(9) Adjusted inshell trade demand (Item 6 plus Item 7 minus Item 8) ..................................................................................................... 3,067

Percentages Free Restricted

(10) Final percentages (Item 9 divided by Item 5) × 100 ................................................................................................... 8.2840 91.7160
(11) Final free tonnage (Item 9) .......................................................................................................................................... 3,067 ..................
(12) Final restricted tonnage (Item 5 minus Item 11) ......................................................................................................... .................. 33,956

In addition to complying with the of the average of the last three prior those having annual receipts of less than
provisions of the order, the Board also years’ sales and exceeds the goal of the $750,000, and small agricultural service
considered USDA’s 1982 ‘‘Guidelines Guidelines. firms are defined as those having annual
for Fruit, Vegetable, and Specialty Crop receipts of less than $6,500,000. There
Initial Regulatory Flexibility Analysis
Marketing Orders’’ (Guidelines) when are approximately 700 producers of
making its computations in the Pursuant to requirements set forth in hazelnuts in the production area and
marketing policy. This volume control the Regulatory Flexibility Act (RFA), the approximately 18 handlers subject to
regulation provides a method to Agricultural Marketing Service (AMS) regulation under the order. Using
collectively limit the supply of inshell has considered the economic impact of statistics compiled by NASS, the
hazelnuts available for sale in domestic this action on small entities. average value of production received by
markets. The Guidelines provide that Accordingly, AMS has prepared this producers in 2004 and 2005 was
the domestic inshell market has initial regulatory flexibility analysis. $57,912,000. Using those estimates, the
available a quantity equal to 110 percent The purpose of the RFA is to fit average annual hazelnut revenue per
of prior years’ shipments before regulatory actions to the scale of producer would be approximately
allocating supplies for the export business subject to such actions in order $82,700. The level of sales of other
inshell, export kernel, and domestic that small businesses will not be unduly crops by hazelnut producers is not
kernel markets. This provides for a or disproportionately burdened. known. In addition, based on Board
plentiful supply of inshell hazelnuts for Marketing orders issued pursuant to the records, about 83 percent of the
consumers and for market expansion, Act, and the rules issued thereunder, are handlers ship under $6,500,000 worth
while retaining the mechanism for unique in that they are brought about of hazelnuts on an annual basis. In view
dealing with oversupply situations. The through group action of essentially of the foregoing, it can be concluded
established final percentages make small entities acting on their own that the majority of hazelnut producers
sroberts on PROD1PC70 with RULES

available approximately 416 additional behalf. Thus, both statutes have small and handlers may be classified as small
tons to encourage increased sales. The entity orientation and compatibility. entities.
total free supply for the 2006–2007 Small agricultural producers are Board meetings are widely publicized
marketing year is estimated to be 3,067 defined by the Small Business in advance of the meetings and are held
tons of hazelnuts, which is 127 percent Administration (13 CFR 121.201) as in a location central to the production

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2602 Federal Register / Vol. 72, No. 13 / Monday, January 22, 2007 / Rules and Regulations

area. The meetings are open to all producing regions of the world in 2004 Comparing grower revenue to cost is
industry members and other interested and 2005 have corrected and the total useful in highlighting the impact on
persons who are encouraged to world supply in 2006–2007 is predicted growers of recent product and price
participate in the deliberations and to increase dramatically. Product prices levels. A recent hazelnut production
voice their opinions on topics under in the world market have trended cost study from Oregon State University
discussion. Thus, Board downward in the expectation of the estimated cost-of-production per acre to
recommendations can be considered to greater supply. While the U.S. hazelnut be approximately $1,340 for a typical
represent the interests of small business industry continues to experience high 100-acre hazelnut enterprise. Average
entities in the industry. demand for their large sized and high grower revenue per bearing acre (based
Currently, U.S. hazelnut production is quality product, the prices that on NASS acreage and value of
allocated among three main market producers receive are tied to the global production data) equaled or exceeded
outlets: Domestic inshell, export inshell, market. In light of the anticipated world that typical cost level only three times
and kernel markets. Handlers and oversupply situation, regulation of the from 1996 to 2005. Average grower
growers receive the highest return for domestic inshell market is important to revenue was below typical costs in the
sales in the domestic inshell market. the U.S. hazelnut industry to insulate other years. Without the stabilizing
They receive less for product going to that specialty market from the supply influence of the order, growers may
export inshell, and the least for kernels. related challenges of the world hazelnut have lost more money. While crop size
Based on Board records of average market. has fluctuated, volume regulations
shipments for 1996–2005, the In Oregon and Washington, high contribute to orderly marketing and
percentage going to each of these hazelnut production years typically market stability by moderating the
markets was 10 percent (domestic follow low production years (a variation in returns for all producers
inshell), 51 percent (export inshell), and historically consistent pattern), and and handlers, both large and small.
37 percent (kernels). Other minor such was the case in 2006. The 2005 While the level of benefits of this
market outlets make up the remaining 2 crop of 27,600 tons was 13 percent rulemaking is difficult to quantify, the
percent. below the 10-year average (31,650 tons stabilizing effects of volume regulation
The inshell hazelnut market can be for 1996–2005) for hazelnut production. impact both small and large handlers
characterized as having limited and The 2006 crop is estimated to be 22 positively by helping them maintain
inelastic demand with a very short percent above the average. It is and expand markets even though
primary marketing period. On average, predicted that the 2007 crop will follow hazelnut supplies fluctuate widely from
79 percent of domestic inshell hazelnut the recent production pattern and will season to season. This regulation
shipments occur between October 1 and be smaller than the current crop year. provides equitable allotment of the most
November 30, primarily to supply This cyclical trait also leads to inversely profitable market, the domestic inshell
holiday nut demand. The inshell market corresponding cyclical price pattern for market. That market is available to all
is, therefore, prone to oversupply and hazelnuts. The intrinsic cyclical nature handlers, regardless of size.
correspondingly low grower prices in of the hazelnut industry lends
the absence of supply restrictions. This As an alternative to this regulation,
credibility to the volume control
volume control regulation provides a the Board discussed not regulating the
measures enacted by the Board under
method for the U.S. hazelnut industry to marketing of the 2006 hazelnut crop.
the marketing order.
limit the supply of domestic inshell Recent production and price data However, without any regulation in
hazelnuts available for sale in the reflect the stabilizing effect of volume effect, the Board believes that the
continental U.S. and thereby mitigate control regulations. Industry statistics industry would tend to oversupply the
market oversupply conditions. show that total hazelnut production has inshell domestic market. The 2006
Many years of marketing experience varied widely over the 10-year period hazelnut crop is larger than last year’s
led to the development of the current between 1995 and 2004, from a low of crop and 22 percent above the ten-year
volume control procedures. These 16,500 tons in 1998 to a high of 49,500 average. The unregulated release of
procedures have helped the industry tons in 2001. Production in the smallest 38,688 tons on the domestic inshell
solve its marketing problems by keeping crop year and the largest crop year were market could easily oversupply the
inshell supplies in balance with 54 percent and 161 percent, small, but lucrative domestic inshell
domestic needs. Volume controls ensure respectively, of the 10-year average of market. The Board believes that any
that the domestic inshell market is fully 30,826 tons. Grower price, however, has oversupply would completely disrupt
supplied while protecting the market not fluctuated to the extent of the market, causing producer returns to
from the negative effects of oversupply. production. Prices in the lowest price decrease dramatically.
Although the domestic inshell market year and the highest price year were 73 Section 982.40 of the order establishes
is a relatively small portion of total percent and 149 percent, respectively, of a procedure and computations for the
hazelnut sales (averaging 10 percent of the 10-year average price of $963 per Board to follow in recommending to
total shipments for 1996–2005), it ton. The lower level of variability of USDA establishment of preliminary,
remains a profitable market segment. price versus the variability of interim final, and final percentages of
The volume control provisions of the production provides an illustration of hazelnuts to be released to the free and
marketing order are designed to avoid the order’s price-stabilizing impact. The restricted markets each marketing year.
oversupplying this particular market coefficient of variation (a standard The program results in a plentiful
segment, because that would likely lead statistical measure of variability; ‘‘CV’’) supply of hazelnuts for consumers and
to substantially lower grower prices. for hazelnut production over the 10-year for market expansion while retaining
The other market segments, export period is 0.36. In contrast, the the mechanism for dealing with
inshell and kernels, are expected to coefficient of variation for hazelnut oversupply situations.
sroberts on PROD1PC70 with RULES

continue to provide good outlets for grower prices is 0.19, about half of the Hazelnuts produced under the order
U.S. hazelnut production into the CV for production. The lower level of comprise virtually all of the hazelnuts
future. Adverse climatic conditions that variability of price versus the variability produced in the U.S. This production
negatively impacted hazelnut of production provides an illustration of represents, on average, less than 2
production in the other hazelnut the order’s price-stabilizing impact. percent of total U.S. production of all

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Federal Register / Vol. 72, No. 13 / Monday, January 22, 2007 / Rules and Regulations 2603

tree nuts, and less than 7 percent of the duplicate, overlap, or conflict with this List of Subjects in 7 CFR Part 982
world’s hazelnut production. rule. Filberts, Hazelnuts, Marketing
Last season, 85 percent of the Further, the Board’s meetings were agreements, Nuts, Reporting and
domestically produced hazelnut kernels widely publicized throughout the recordkeeping requirements.
were marketed in the domestic market hazelnut industry and all interested ■ For the reasons set forth in the
and 15 percent were exported. persons were invited to attend the
Domestically produced kernels preamble, 7 CFR part 982 is amended as
meetings and participate in Board follows:
generally command a higher price in the
deliberations. Like all Board meetings,
domestic market than imported kernels. PART 982—HAZELNUTS GROWN IN
those held on August 24 and November
The industry is continuing its efforts to OREGON AND WASHINGTON
15, 2006, were public meetings and all
develop and expand other markets with
entities, both large and small, were able ■ 1. The authority citation for 7 CFR
emphasis on the domestic kernel
market. Small business entities, both to express their views on this issue. part 982 continues to read as follows:
producers and handlers, benefit from Finally, interested persons are invited to
submit information on the regulatory Authority: 7 U.S.C. 601–674.
the expansion efforts resulting from this
program. and informational impacts of this action ■ 2. A new subpart and § 982.254 are
Inshell hazelnuts produced under the on small businesses. added to read as follows:
order compete well in export markets A small business guide on complying
because of their high quality. Based on with fruit, vegetable, and specialty crop Subpart—Free and Restricted
Board statistics, Europe has historically marketing agreements and orders may Percentages
been the primary export market for U.S. be viewed at: http://www.ams.usda.gov/ § 982.254 Free and restricted
produced inshell hazelnuts. Shipments fv/moab.html. Any questions about the percentages—2006–2007 marketing year.
have also been relatively consistent, not compliance guide should be sent to Jay The final free and restricted
varying much from the 10 year average Guerber at the previously mentioned percentages for merchantable hazelnuts
of 4,958 tons. Recent years, though, address in the FOR FURTHER INFORMATION for the 2006–2007 marketing year shall
have seen a significant increase in CONTACT section. be 8.2840 percent and 91.7160 percent,
export destinations. Last season, inshell respectively.
This rule invites comments on the
shipments to Europe totaled 4,622 tons,
representing just 38 percent of exports, establishment of final free and restricted Dated: January 16, 2007.
with the largest share going to Germany. percentages for the 2006–2007 Lloyd C. Day,
Inshell shipments to Southwest Pacific marketing year under the hazelnut Administrator, Agricultural Marketing
countries, and Hong Kong in particular, marketing order. Any comments Service.
have increased dramatically in the past received will be considered prior to [FR Doc. E7–763 Filed 1–19–07; 8:45 am]
few years, rising to 50 percent of total finalization of this rule. BILLING CODE 3410–02–P
exports of 12,042 tons for the 2005–2006 After consideration of all relevant
marketing year. The industry continues material presented, including the
to pursue export opportunities. Board’s recommendation, and other DEPARTMENT OF TRANSPORTATION
There are some reporting, information, it is found that this interim
recordkeeping, and other compliance final rule, as hereinafter set forth, will Federal Aviation Administration
requirements under the order. The tend to effectuate the declared policy of
reporting and recordkeeping burdens the Act. 14 CFR Part 39
are necessary for compliance purposes
Pursuant to 5 U.S.C. 553, it is also [Docket No. FAA–2005–19559; Directorate
and for developing statistical data for Identifier 2004–NE–03–AD; Amendment 39–
found and determined upon good cause
maintenance of the program. The 14892; AD 2007–02–05]
information collection requirements that it is impracticable, unnecessary,
have been previously approved by the and contrary to the public interest to RIN 2120–AA64
Office of Management and Budget under give preliminary notice prior to putting
OMB No. 0581–0178. The forms require this rule into effect and that good cause Airworthiness Directives; Rolls-Royce
information which is readily available exists for not postponing the effective plc RB211 Trent 700 Series Turbofan
from handler records and which can be date of this action until 30 days after Engines
provided without data processing publication in the Federal Register AGENCY: Federal Aviation
equipment or trained statistical staff. As because: (1) The 2006–2007 marketing Administration (FAA), Department of
with all Federal marketing order year began July 1, 2006, and the Transportation (DOT).
programs, reports and forms are percentages established herein apply to
ACTION: Final rule; request for
periodically reviewed to reduce all merchantable hazelnuts handled
comments.
information requirements and from the beginning of the crop year; (2)
duplication by industry and public the percentages make the full trade SUMMARY: The FAA is superseding an
sector agencies. This rule does not demand available so handlers can take existing airworthiness directive (AD) for
change those requirements. advantage of inshell marketing Rolls-Royce plc (RR) RB211 Trent 700
The AMS is committed to complying opportunities; (3) handlers are aware of series turbofan engines. That AD
with the E-Government Act, to promote this rule, which was recommended at an currently requires initial and repetitive
the use of the Internet and other open Board meeting, and need no borescope inspections of the high
information technologies to provide additional time to comply with this pressure-and-intermediate pressure (HP-
sroberts on PROD1PC70 with RULES

increased opportunities for citizen rule; and (4) interested persons are IP) turbine internal and external oil vent
access to Government information and provided a 60-day comment period in tubes for coking and carbon buildup,
services, and for other purposes. which to respond, and all comments and cleaning or replacing the vent tubes
In addition, USDA has not identified timely received will be considered prior if necessary. This AD requires the same
any relevant Federal rules that to finalization of this action. actions but uses more stringent tube

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