[Federal Register Volume 59, Number 114 (Wednesday, June 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14586]
[[Page Unknown]]
[Federal Register: June 15, 1994]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 922
[Docket No. FV94-922-11FR]
Apricots Grown in Designated Counties in Washington; Revision in
Container Regulations
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Interim final rule with request for comments.
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SUMMARY: This rule revises container regulations for apricots shipped
to fresh market outlets under Marketing Order No. 922. This rule gives
handlers greater flexibility in selecting containers to meet their
packaging needs by eliminating the inside dimension requirements on
each type of container that has a minimum apricot net weight
requirement. The rule eliminates reference to the obsolete lidded four-
basket crate, and replaces the term ``closed L.A. lugs and equivalent
cartons'' with the term ``closed containers'' to simplify wording and
improve clarity. This rule also includes a correction to the container
regulations which had previously appeared in the Federal Register as a
final rule, but did not appear in the annual Code of Federal
Regulations.
DATES: This interim final rule becomes effective: June 15, 1994.
Comments which are received by July 15, 1994, will be considered prior
to any finalization of the interim final rule.
ADDRESSES: Interested persons are invited to submit written comments
concerning this rule. Comments must be sent in triplicate to the Docket
Clerk, Fruit and Vegetable Division, AMS, USDA, room 2525-S, P.O. Box
96456, Washington, DC 20090-6456 or by FAX at (202) 720-5698. All
comments should reference the docket 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.
FOR FURTHER INFORMATION CONTACT: Mark J. Kreaggor, Marketing Order
Administration Branch, Fruit and Vegetable Division, Agricultural
Marketing Service, U.S. Department of Agriculture, room 2523-S, P.O.
Box 96456, Washington, DC 20090-6456; telephone: (202) 720-5127; or
Teresa Hutchinson, Northwest Marketing Field Office, Fruit and
Vegetable Division, AMS, USDA, 1220 SW. Third Avenue, room 369,
Portland, OR 97204; telephone: (503) 326-2724.
SUPPLEMENTARY INFORMATION: This interim final rule is issued under
Marketing Order No. 922 [7 CFR part 922], regulating the handling of
apricots grown in designated counties in Washington, 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 (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 will 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 a 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 the 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 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 55 handlers of Washington apricots that are
subject to regulation under the marketing order. In addition, there are
approximately 400 producers in the regulated area. Small agricultural
service firms, which include producers of Washington apricots, have
been defined by the Small Business Administration [13 CFR 121.601] as
those whose annual receipts are less than $3,500,000, and small
agricultural producers are defined as those whose annual receipts are
less than $500,000. A majority of these handlers and producers may be
classified as small entities.
Section 922.52 [7 CFR 922.52] authorizes the issuance of
regulations for grade, size, quality, maturity, pack, markings, and
container for any variety or varieties of apricots grown in any
district or districts of the production area. Section 922.53 [7 CFR
922.53] authorizes the modification, suspension, or termination of
regulations issued under section 922.52.
Container regulations are currently in effect under section
922.306. This rule eliminates references to inside dimensions for each
type of container that has a minimum apricot net weight requirement.
This rule also removes references to the obsolete lidded four-basket
crate and replaces the term ``closed L.A. lugs and equivalent cartons''
with the term ``closed containers.''
This rule was recommended by the Washington Apricot Marketing
Committee (committee), which works with the Department in administering
the marketing order.
The committee met on December 15, 1993, and unanimously recommended
elimination of inside dimension requirements for each type of container
that has a minimum apricot net weight requirement. The committee also
unanimously recommended deleting reference in the container regulation
to the lidded four-basket crate, and that the term ``closed L.A. lugs
and equivalent cartons'' be replaced with the term ``closed
containers.''
Handlers have experienced difficulty in packing many of the new,
larger varieties of apricots, particularly in row-faced and tray-packed
containers because of the inside dimension requirements in effect.
Container height limits, for example, can cause a higher incidence of
compression damage in large apricots that are row-faced or tray-packed.
In addition, the inside dimension requirements have prevented handlers
from using many generic containers used in other fruit and vegetable
industries.
This rule deletes references to designated container dimensions for
each type of container that has a minimum apricot net weight
requirement. The committee believes that continued standardization of
the minimum net weight requirements of the authorized containers is
needed to prevent market confusion resulting from the use of deceptive
containers.
This rule will allow handlers greater flexibility in packaging. By
allowing different container dimensions, as long as the minimum weight
requirements are met, handlers will have the flexibility to use
containers commonly used in other fruit and vegetable industries, to
use different containers for different varieties of apricots, and to
develop new containers.
This rule will remove authority for the use of the obsolete lidded
four-basket crate. The rule will also remove reference in the
regulation to the term ``closed L.A. lugs and equivalent cartons''
replacing it with the term, ``closed containers.'' This change is
intended only to simplify wording and improve clarity.
This rule also corrects the container regulations in the Code of
Federal Regulations for Apricots Grown in Designated Counties in
Washington [7 CFR Part 922]. Changes to the container requirements
appeared in the Federal Register [44 FR 37598, June 28, 1979] [Apricot
Regulation 6, Amendment 4], but did not correspondingly appear in the
annual Code of Federal Regulations.
Based on the above information, the Administrator of the AMS has
determined that this interim final rule 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 apricots grown
in designated counties in Washington State.
After consideration of all available information, it is found that
the revision of the container regulations, as hereinafter set forth,
will tend to effectuate the declared policy of the Act.
Pursuant to 5 U.S.C. 553, it is also found and determined, upon
good cause, that it is impracticable, unnecessary, and contrary to the
public interest to give preliminary notice prior to putting this rule
into effect, and that good cause exists for not postponing the
effective date of this rule until 30 days after publication in the
Federal Register because: (1) The 1993-94 marketing year begins June 1,
1994, and the container regulations established herein should apply to
all apricots produced in the production area and need to be in place
before the beginning of the marketing year; (2) handlers are aware of
this rule, which was recommended at an open committee meeting, and need
no additional time to comply with these regulations which are a
relaxation; and (3) the rule provides a 30-day comment period, and any
comments timely received will be considered prior to finalization of
this interim final rule.
List of Subjects in 7 CFR Part 922
Apricots, Marketing agreements, Reporting and recordkeeping
requirements.
For the reasons set forth in the preamble, 7 CFR part 922 is
amended as follows:
PART 922--APRICOTS GROWN IN DESIGNATED COUNTIES IN WASHINGTON
1. The authority citation for 7 CFR part 922 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
2. Section 922.306 is revised to read as follows:
Sec. 922.306 Apricot Regulation 6.
(a) No handler shall handle any apricots unless such apricots are:
(1) In open containers or telescope fiberboard cartons and the net
weight of the apricots is not less than 28 pounds; or
(2) In closed containers containing not less than 14 pounds, net
weight, of apricots: Provided, That when the apricots are packed in
such containers they are row-faced or tray-packed; or
(3) In closed containers that are marked ``12 pounds net weight''
and contain not less than 12 pounds, net weight, of apricots which are
of random size and are not row-faced; or
(4) In closed containers in which the apricots are row-faced or
tray-packed: Provided, That apricots may be packed loose in such
containers if a top pad is used and the net weight of the apricots
therein is not less than 24 pounds; or
(5) If exported to Canada, in any of the containers specified in
this paragraph (a) or in containers having inside dimensions of 16\1/8\
x 11\1/2\ inches with 4\3/4\-inch end pieces and 3\3/4\-inch side
pieces.
(b) Notwithstanding any other provisions of this section, any
individual shipment of apricots which, in the aggregate, does not
exceed 500 pounds, net weight, may be handled without regard to the
requirements specified in this section or in Secs. 922.41 or 922.55.
(c) All apricots handled are also subject to all applicable grade,
size, quality, maturity and pack regulations which are in effect
pursuant to this part.
(d) The terms ``handler'', ``handle'' and ``apricots'' shall have
the same meaning as when used in the amended marketing agreement and
order.
Dated: June 9, 1994.
Eric M. Forman,
Deputy Director, Fruit and Vegetable Division.
[FR Doc. 94-14586 Filed 6-14-94; 8:45 am]
BILLING CODE 3410-02-P
