[Federal Register Volume 60, Number 179 (Friday, September 15, 1995)]
[Rules and Regulations]
[Pages 47857-47858]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22949]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
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Federal Register / Vol. 60, No. 179 / Friday, September 15, 1995 /
Rules and Regulations
[[Page 47857]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 922
[Docket No. FV95-922-1FIR]
Apricots Grown in Designated Counties in Washington; Temporary
Suspension of Grade Requirements for Apricots of the Patterson Variety
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 an interim final rule
which temporarily suspended for the 1995 season only, the minimum grade
requirements (Washington No. 1) for fresh shipments of the Patterson
variety of apricots grown in Washington. The suspension will enable
handlers of Patterson variety apricots to ship more fruit to the fresh
market, taking into consideration the significant hail damage
experienced by this variety during the growing season. This action will
improve returns to producers of the Patterson variety of apricots. This
rule was recommended by the Washington Apricot Marketing Committee
(Committee), the agency responsible for the local administration of the
marketing order for Washington apricots.
EFFECTIVE DATE: October 16, 1995.
FOR FURTHER INFORMATION CONTACT: Britthany Beadle, Marketing
Specialist, Marketing Order Administration Branch, F&V, AMS, USDA, room
2522-S, P.O. Box 96456, Washington, DC 20090-6456: telephone: (202)
720-5127; 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. 922 (7 CFR part 922), regulating the handling of apricots grown in
designated counties in Washington, 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 8c(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 30 handlers of Washington apricots subject
to regulation under the order and approximately 400 producers of
Washington apricots in the regulated production area. Small
agricultural service firms, which includes handlers, 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 handlers and producers of Washington apricots
may be classified as small entities.
This rule finalizes the temporary suspension of the minimum grade
requirements (Washington No. 1) for fresh shipments of the Patterson
variety apricot for the 1995 season only. This temporary suspension
allowed handlers of the Patterson variety apricot to ship more fresh
apricots to the market due to the significant hail damage the crop has
received.
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 the
regulations issued under Sec. 922.52.
Minimum grade, color, and size requirements for Washington apricots
regulated under the order are specified in Sec. 922.321 Apricot
Regulation 21 (7 CFR 922.321). Section 922.321 provides that no handler
shall handle any container of apricots unless such apricots grade not
less than Washington No. 1, except for shipments that are exempt from
regulation. In addition, this section provides that, with the exception
of exempt shipments, apricots shipped must be reasonably uniform in
color, and be at least 1\5/8\ inches in diameter, except for the
Blenheim, Blenril, and Tilton varieties which must be at least 1\1/4\
inches in diameter.
This rule suspends the minimum grade requirements for fresh
shipments of the Patterson variety of apricots for the 1995 season. The
grade requirements for the Patterson variety will resume April 1, 1996,
for the 1996 and future seasons. Color and size
[[Page 47858]]
requirements for the Patterson variety will remain unchanged.
The Committee met on May 11, 1995, and unanimously recommended the
suspension of grade requirements for the Patterson variety. The
Committee requested that this suspension be made effective by July 1,
1995, since the harvest of the Patterson variety was expected to begin
shortly thereafter.
The Committee meets prior to each season to consider
recommendations for modification, suspension, or termination of the
regulatory requirements for Washington apricots 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.
Information available to the Committee indicates that the Patterson
variety of apricots experienced severe hail damage this season. The
excessive damage was a result of location and stage of fruit
development. The Patterson variety is the latest variety of apricots
produced within the production area. Earlier varieties of apricots did
not experience significant hail damage.
This suspension will enable handlers to ship a larger portion of
the Patterson variety to the fresh market this season, than if the
minimum grade requirements were not suspended. Without suspension of
the grade requirements for the Patterson variety, most of the fruit
could not be shipped to fresh markets. Last year, 151 tons of the
Patterson variety were shipped into the fresh market. Information
available to the Committee indicates that with suspension of the grade
requirements for the Patterson variety, approximately 125 tons might be
shipped to the fresh market. Since the Patterson variety is the latest
variety of apricots shipped within the production area, the suspension
of the grade requirements for this variety should not adversely affect
the marketing of other varieties.
Suspension of the grade requirements for the Patterson variety is
intended to increase fresh shipments to meet consumer needs and improve
returns to producers.
The interim final rule concerning this action was published in the
June 22, 1995, Federal Register (60 FR 32429), providing a 30-day
comment period ending July 24, 1995. Two comments were received
concerning the interim final rule.
Comments were submitted by Gene Stokes, general manager of the
California Apricot Advisory Board (Board) and Steve Hash, Vice
President of the Agricultural Division of A. Levy and J. Zentner Co.,
and member of the Board as well. Both contend that the Board is opposed
to the temporary suspension of grade requirements because it would
adversely affect the California fresh apricot market. Since the
California apricot season ends (May through August) just when the
Washington apricot season begins (July through September), Messrs.
Stokes and Hash believe that any reduction in quality standards in
Washington apricots would have a negative effect on purchases of
California apricots during the 1996 season. They also contend that this
temporary suspension would set a dangerous precedent for the future
because hail damage is a common occurrence in Washington and
California.
The Department has reviewed the comments of the Board and does not
agree that the temporary suspension of grade requirements for one
variety of Washington apricots will adversely affect the California
market. There is a seven month period of time (from September to May)
between the end of Washington apricot shipments for 1995 and the
beginning of California apricot shipments for 1996. This period of time
between the Washington and California shipping seasons is more than
adequate not to have impact on the California apricot market.
After thoroughly analyzing the comments received and other
available information, the Department agrees with and upholds the
request of the Committee to temporarily suspend grade requirements for
the Patterson variety apricot for the 1995 season, only. The Department
does not believe that the comments of the Board have merit and
concludes that this final rule is appropriate.
Based on these considerations, the Administrator of the AMS has
determined that this action will not have a significant economic impact
on a substantial number of small entities.
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 32429, June
22, 1995) will tend to effectuate the declared policy of the Act.
It is further found that good cause exists for not postponing the
effective date of this rule until 30 days after publication in the
Federal Register (5 U.S.C. 553). Further, handlers are aware of this
rule, which was recommended at a public meeting. Also, a 30-day comment
period was provided for in the 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
Accordingly, the interim final rule amending 7 CFR part 922 which
was published at 60 FR 32429 on June 22, 1995, is adopted as a final
rule without change.
Dated: September 11, 1995.
Sharon Bomer Lauritsen,
Deputy Director, Fruit and Vegetable Division.
[FR Doc. 95-22949 Filed 9-14-95; 8:45 am]
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