[Federal Register Volume 60, Number 120 (Thursday, June 22, 1995)]
[Rules and Regulations]
[Pages 32429-32430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15109]



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 Rules and Regulations
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  Federal Register / Vol. 60, No. 120 / Thursday, June 22, 1995 / Rules 
and Regulations  

[[Page 32429]]

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 922

[FV95-922-1IFR]


Apricots Grown in Designated Counties in Washington; Temporary 
Suspension of Grade Requirements for Apricots of the Patterson Variety

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Interim final rule with request for comments.

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SUMMARY: This interim final rule suspends, for the 1995 season only, 
the minimum grade requirements (Washington No. 1) currently in effect 
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.

DATES: Effective: July 1, 1995.
    Comments received by July 24, 1995 will be considered prior to 
issuance of a 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. 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. 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 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 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 apricot 
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 the 
regulations issued under section 922.52.
    Minimum grade, color, and size requirements for Washington apricots 
regulated under the order are specified in section 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 [[Page 32430]] of the Patterson variety of apricots for the 
1995 season. The grade requirements for the Patterson variety currently 
specified in section 922.321 will resume April 1, 1996, for the 1996 
and future seasons. Color and size 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 is 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.
    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 the Patterson 
variety of apricots grown in designated counties in Washington.
    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 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) This action suspends the current grade 
requirements for the Patterson variety of Washington apricots; (2) the 
Committee unanimously recommended this rule at a public meeting and all 
interested persons had an opportunity to provide input; (3) shipment of 
the Patterson variety of apricots is expected to begin in early July, 
and this rule should apply to the entire season's shipments; (4) 
handlers of the Patterson variety of apricots 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 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 922.321, paragraph (a)(1) is revised to read as follows:


Sec. 922.321  Apricot Regulation 21.

    (a) * * *
    (1) Minimum grade and maturity requirements. Such apricots that 
grade not less than Washington No. 1 and are at least reasonably 
uniform in color: Provided, That the grade requirement shall not apply 
to apricots of the Patterson variety handled during the 1995 season 
through March 31, 1996: Provided further, That such apricots of the 
Moorpark variety in open containers shall be generally well matured; 
and
* * * * *
    Dated: June 15, 1995.
Sharon Bomer Lauritsen,
Deputy Director, Fruit and Vegetable Division.
[FR Doc. 95-15109 Filed 6-21-95; 8:45 am]
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