[Federal Register Volume 60, Number 227 (Monday, November 27, 1995)]
[Rules and Regulations]
[Pages 58199-58200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28773]



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DEPARTMENT OF AGRICULTURE
7 CFR Part 927

[FV95-927-2FIR]


Winter Pears Grown in Oregon, Washington, and California; 
Revision of Reporting Requirements

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 
which reduced 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: December 27, 1995.

FOR FURTHER INFORMATION CONTACT: Britthany Beadle, Marketing 
Specialist, Marketing Order Administration Branch, Fruit and Vegetable 
Division, AMS, USDA, room 2522-S, PO Box 96456, Washington, DC 20090-
6456; telephone: (202) 720-5331; 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. 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 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 

[[Page 58200]]
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.
    This rule finalizes changes in the reporting requirements 
prescribed under the winter pear marketing order. The Winter Pear 
Control Committee (Comittee) 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.
    The interim final rule was issued on September 11, 1995, and 
published in the Federal Register (60 FR 47858, September 15, 1995), 
with an effective date of September 15, 1995. That rule amended 
Sec. 927.125(d) of the rules and regulations in effect under the order. 
That rule provided a 30-day comment period which ended October 16, 
1995. No comments were received.
    Prior to implementation of the interim final rule, handlers were 
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 these considerations, the Administrator of the AMS has 
determined that this action 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 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 47858, September 15, 
1995) will tend to effectuate the declared policy of the Act.

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

    Accordingly, the interim final rule amending 7 CFR part 927 which 
was published at 60 FR 47858 on September 15, 1995, is adopted as a 
final rule without change.

    Dated: November 20, 1995.
Martha B. Ransom,
Acting Deputy Director, Fruit and Vegetable Division.
[FR Doc. 95-28773 Filed 11-24-95; 8:45 am]
BILLING CODE 3410-02-P