[Federal Register Volume 60, Number 179 (Friday, September 15, 1995)]
[Rules and Regulations]
[Pages 47858-47860]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22947]
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DEPARTMENT OF AGRICULTURE
7 CFR Part 927
[FV95-927-2IFR]
Winter Pears Grown in Oregon, Washington, and California;
Revision of Reporting Requirements
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Interim final rule with request for comments.
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SUMMARY: This interim final rule reduces 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: September 15, 1995. Comments received by October 16,
1995 will be considered prior to issuance of a final rule.
ADDRESSES: Interested persons are invited to submit written comments
[[Page 47859]]
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; Fax: (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: 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; or Britthany Beadle, Marketing Specialist, Marketing Order
Administration Branch, Fruit and Vegetable Division, AMS, USDA, room
2522-S, P.O. Box 96456, Washington, DC 20090-6456; telephone: (202)
720-5331.
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 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 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 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.
The Committee 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.
Handlers are currently 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 the above information, the Administrator of the AMS has
[[Page 47860]]
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 winter pears.
After consideration of all available information, it is found that
this interim final rule, 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 that good cause exists
for not postponing the effective date of this rule until 30 days after
publication in the Federal Register because: (1) This action reduces
reporting requirements for winter pear handlers who ship less than
2,500 standard western pear boxes in a two-week reporting period; (2)
the Committee unanimously recommended this rule at a public meeting and
all interested persons had an opportunity to provide input; (3) winter
pear shipments are expected to begin in early August, and this rule
should apply to most of the season's shipments; (4) handlers of winter
pears are aware of this rule and they need no additional time to comply
with the relaxed requirements; and (5) this rule provides a 30-day
comment period and any comments received will be considered prior to
finalization of this rule.
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
1. The authority citation for 7 CFR part 927 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
2. Section 927.125 is amended by redesignating paragraphs (d) and
(e) as paragraphs (e) and (f), respectively, and adding a new paragraph
(d) to read as follows:
Sec. 927.125 Reports.
* * * * *
(d) Each handler who has shipped less than 2,500 standard western
pear boxes during any two-week reporting period of the shipping season
may, in lieu of reporting biweekly, report as follows:
(1) At completion of harvest, on the next biweekly reporting date,
furnish to the Control Committee a ``Handler's Packout Report'';
(2) After unreported shipments total 2,500 standard western pear
boxes, furnish to the Control Committee a ``Handler's Statement of Pear
Shipments'' and a ``Handler's Packout Report'' on the next biweekly
reporting date;
(3) After completion of all shipments from regular storage (i.e.
non-Controlled Atmosphere storage) at the end of the shipping season,
furnish to the Control Committee a ``Handler's Statement of Pear
Shipments'' and a ``Handler's Packout Report'' on the next biweekly
reporting date;
(4) At mid-season for Controlled Atmosphere storage, at a date
established by the Control Committee, furnish to the Control Committee
a ``Handler's Statement of Pear Shipments'' and a ``Handler's Packout
Report''; and
(5) At the completion of all seasonal pear shipments, furnish to
the Control Committee a ``Handler's Statement of Pear Shipments'' and a
``Handler's Packout Report'' on the next biweekly reporting date. Each
of these reports shall be marked ``final report'' and include an
explanation of the actual shipments versus the original estimate, if
different.
* * * * *
Dated: September 11, 1995.
Sharon Bomer Lauritsen,
Director, Fruit and Vegetable Division.
[FR Doc. 95-22947 Filed 9-14-95; 8:45 am]
BILLING CODE 3410-02-P
