[Federal Register Volume 59, Number 169 (Thursday, September 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21635]


[[Page Unknown]]

[Federal Register: September 1, 1994]


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DEPARTMENT OF AGRICULTURE
7 CFR Part 922

[Docket No. FV94-922-1FIR]

 

Apricots Grown in Designated Counties in Washington; Revision in 
Container Regulations

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 
that revised 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. This 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.

EFFECTIVE DATE: October 3, 1994.

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 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 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 handlers of Washington apricots, have been 
defined by the Small Business Administration [13 CFR 121.601] as those 
whose annual receipts are less than $5,000,000, 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 finalizes an interim final rule that eliminated 
references to inside dimensions for each type of container that has a 
minimum apricot net weight requirement. This rule also finalizes the 
removal of references to the obsolete lidded four-basket crate and 
replaces the term ``closed L.A. lugs and equivalent cartons'' with the 
term ``closed containers.''
    The Washington Apricot Marketing Committee (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 allows 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 removes authority for the use of the obsolete lidded 
four-basket crate. The rule also removes 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.
    The interim final rule which revised container regulations for 
apricots shipped to fresh market outlets under Marketing Order No. 922, 
and included a correction to the container regulations which previously 
appeared in the Federal Register as a final rule, but did not appear in 
the annual Code of Federal Regulations, was published in the Federal 
Register [59 FR 30672, June 15, 1994]. That rule provided a 30-day 
comment period which ended July 15, 1994. No comments were received.
    Based on the above information, the Administrator of the AMS has 
determined that this final rule will not have a significant impact on a 
substantial number of small entities.
    After consideration of all relevant matter presented, the 
information and recommendations submitted by the Committee, and other 
information, it is found that the finalization set forth below will 
tend to effectuate the declared policy of the Act.

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. Accordingly, the interim final rule amending 7 CFR Part 922, 
which was published at 59 FR 30672 on June 15, 1994, is adopted as a 
final rule without change.

    Dated: August 25, 1994.
Eric M. Forman,
Acting Director, Fruit and Vegetable Division.
[FR Doc. 94-21635 Filed 8-31-94; 8:45 am]
BILLING CODE 3410-02-P