[Federal Register Volume 60, Number 227 (Monday, November 27, 1995)]
[Rules and Regulations]
[Pages 58199-58200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28773]
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DEPARTMENT OF AGRICULTURE
7 CFR Part 927
[FV95-927-2FIR]
Winter Pears Grown in Oregon, Washington, and California;
Revision of Reporting Requirements
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
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SUMMARY: The Department of Agriculture (Department) is adopting as a
final rule, without change, the provisions of the interim final rule
which reduced the reporting requirements for handlers who have shipped
less than 2,500 standard western pear boxes during any two-week
reporting period of the shipping season. This action decreases the
reporting burden on such handlers while maintaining the information
collection necessary for the efficient operation of the program. This
rule was recommended by the Winter Pear Control Committee (Committee),
the agency responsible for the local administration of the marketing
order for winter pears.
EFFECTIVE DATE: December 27, 1995.
FOR FURTHER INFORMATION CONTACT: Britthany Beadle, Marketing
Specialist, Marketing Order Administration Branch, Fruit and Vegetable
Division, AMS, USDA, room 2522-S, PO Box 96456, Washington, DC 20090-
6456; telephone: (202) 720-5331; or Teresa L. Hutchinson, Marketing
Specialist, Northwest Marketing Field Office, Marketing Order
Administration Branch, Fruit and Vegetable Division, AMS, USDA, 1220 SW
Third Avenue, room 369, Portland, Oregon 97204-2807; telephone: (503)
326-2724.
SUPPLEMENTARY INFORMATION: This rule is issued under Marketing Order
No. 927 (7 CFR part 927), regulating the handling of winter pears grown
in Oregon, Washington, and California, hereinafter referred to as the
``order.'' This 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 is issuing this rule in conformance with Executive
Order 12866.
This rule has been reviewed under Executive Order 12778, Civil
Justice Reform. This rule is not intended to have retroactive effect.
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 exempted
therefrom. A 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 a bill in equity is filed
not later than 20 days after date of the entry of the ruling.
Pursuant to requirements set forth in the Regulatory Flexibility
Act (RFA), the Administrator of the Agricultural Marketing Service
(AMS) has considered the economic impact of this action on small
entities.
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
[[Page 58200]]
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 90 handlers of winter pears subject to
regulation under the order and approximately 1,800 producers of winter
pears in the regulated production area. Small agricultural service
firms have been defined by the Small Business Administration (13 CFR
121.601) as those having annual receipts of less than $5,000,000, and
small agricultural producers are defined as those whose annual receipts
are less than $500,000. The majority of winter pear handlers and
producers may be classified as small entities.
This rule finalizes changes in the reporting requirements
prescribed under the winter pear marketing order. The Winter Pear
Control Committee (Comittee) meets prior to each season to consider
recommendations for modification, suspension, or termination of the
regulatory requirements for winter pears which have been issued on a
continuing basis. Committee meetings are open to the public and
interested persons may express their views at these meetings. The
Department reviews Committee recommendations and information submitted
by the Committee and other available information, and determines
whether modification, suspension, or termination of the regulatory
requirements would tend to effectuate the declared policy of the Act.
The Committee met on June 2, 1995, and unanimously recommended
revising Sec. 927.125 of the winter pear marketing order. This section
governs the reporting requirements for handlers of winter pears.
Section 927.70 authorizes the Committee, subject to the approval of
the Secretary, to request information from handlers necessary to
perform its duties under the order. Section 927.125 provides that each
handler shall furnish to the Committee, as of every other Friday, a
``Handler's Statement of Pear Shipments'' and a ``Handler's Packout
Report'' containing information used by the Committee for the
collection of assessments and the development of statistical data.
This rule revises the reporting requirements to allow handlers who
have shipped less than 2,500 standard western pear boxes during any
two-week period of the shipping season to report less frequently while
maintaining the information collection necessary for the efficient
operation of the program.
The interim final rule was issued on September 11, 1995, and
published in the Federal Register (60 FR 47858, September 15, 1995),
with an effective date of September 15, 1995. That rule amended
Sec. 927.125(d) of the rules and regulations in effect under the order.
That rule provided a 30-day comment period which ended October 16,
1995. No comments were received.
Prior to implementation of the interim final rule, handlers were
required to submit the ``Handler's Statement of Pear Shipments'' and
the ``Handler's Packout Report'' every other Friday regardless of the
quantity of pears shipped in the preceding two-week reporting period.
Industry members have acknowledged that this can be burdensome for
small handlers, who have shipments of less than 2,500 standard western
pear boxes, to report every two-weeks.
The Committee also determined that submission of such winter pear
shipment data of less than 2,500 standard western pear boxes is not
necessary on a biweekly basis for the efficient administration of the
program. As an alternative, handlers may, at their option, not report
until their accumulated shipments reach 2,500 standard western pear
boxes, provided that they submit the following: a ``Handler's Packout
Report'' at the end of harvest which includes a preliminary packout
estimate; a ``Handler's Statement of Pear Shipments'' and a ``Handler's
Packout Report'' after completion of shipments from regular storage
(i.e., non-Controlled Atmosphere storage), at mid-season for Controlled
Atmosphere storage, and at the completion of shipments. If the
preliminary packout estimate varies from the actual shipments, an
explanation of the difference will be required with the final shipment
report. The two final reports shall be marked ``final report'' and
include an explanation of the actual shipments versus the original
estimate, if different.
Information collection requirements will continue to be
periodically reviewed by the Committee to ensure that they place a
minimal burden on handlers required to file the information. Committee
procedures will also continue to be reviewed and streamlined to assure
efficiency in administering information collections. The information
collection requirements contained in these regulations have been
previously approved by the Office of Management and Budget (OMB) and
have been assigned OMB Control Number 0581-0089.
Based on these considerations, the Administrator of the AMS has
determined that this action will not have a significant impact on a
substantial number of small entities and that the action set forth
herein will benefit producers and handlers of winter pears.
After consideration of all relevant material presented, the
information and recommendations submitted by the Committee, and other
information, it is found that finalizing the interim final rule without
change as published in the Federal Register (60 FR 47858, September 15,
1995) will tend to effectuate the declared policy of the Act.
List of Subjects in 7 CFR Part 927
Marketing agreements, Pears, Reporting and recordkeeping
requirements.
For the reasons set forth in the preamble, 7 CFR part 927 is
amended as follows:
PART 927--WINTER PEARS GROWN IN OREGON, WASHINGTON, AND CALIFORNIA
Accordingly, the interim final rule amending 7 CFR part 927 which
was published at 60 FR 47858 on September 15, 1995, is adopted as a
final rule without change.
Dated: November 20, 1995.
Martha B. Ransom,
Acting Deputy Director, Fruit and Vegetable Division.
[FR Doc. 95-28773 Filed 11-24-95; 8:45 am]
BILLING CODE 3410-02-P
