[Federal Register Volume 61, Number 117 (Monday, June 17, 1996)]
[Rules and Regulations]
[Pages 30495-30497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15350]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 922
[Docket No. FV96-922-1IFR]
Apricots Grown in Designated Counties in Washington; Temporary
Suspension of Grade Requirements
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Interim final rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: This interim final rule suspends, for the 1996 season only,
the minimum grade requirements (Washington No. 1) currently in effect
for fresh shipments of apricots grown in Washington. This change was
recommended by the Washington Apricot Marketing Committee (committee),
which works with the Department of Agriculture (Department) in
administering the marketing order covering apricots grown in designated
counties in Washington. This rule will enable handlers to ship more
fruit in fresh market channels, taking into consideration the damage
caused to Washington apricots by freezing temperatures during the
growing season. This change is expected to increase returns to
producers and to make more fresh apricots available to consumers.
DATES: This interim final rule is effective June 15, 1996. Comments
which are received by July 17, 1996, will be considered prior to the
issuance of a final rule.
ADDRESSES: Interested persons are invited to submit written comments
concerning this interim final rule. Comments must be sent in triplicate
to the Docket Clerk, Fruit and Vegetable Division, AMS, USDA, Room
2525, South Building, 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, Northwest
Marketing Field Office, Fruit and Vegetable Division, AMS, USDA, 1220
SW Third Avenue, Room 369, Portland, OR 97204; telephone: (503) 326-
2724; or Britthany E. Beadle, 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) 720-5331.
SUPPLEMENTARY INFORMATION: This rule is issued under Marketing
Agreement No. 132 and Marketing Order No. 922 [7 CFR Part 922], both as
amended, regulating the handling of apricots grown in designated
counties in Washington, hereinafter referred to as the ``order.'' The
order is authorized by 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
[[Page 30496]]
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 to review the
Secretary's ruling on the petition, provided an action 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 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 75 handlers of Washington apricots who are
subject to regulation under the order and approximately 400 producers
in the regulated area. Small agricultural service firms, which includes
handlers of Washington apricots, 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 Washington apricot handlers and producers may be classified
as small entities.
Section 922.52 of the order authorizes the issuance of grade, size,
quality, maturity, container markings, pack, and container regulations
for any variety or varieties of apricots grown in any district or
districts of the production area. Section 922.53 further authorizes the
modification, suspension, or termination of regulations issued under
Sec. 922.52. Section 922.55 provides that whenever apricots are
regulated pursuant to Secs. 922.52 or 922.53, such apricots must be
inspected by the Federal-State Inspection Service, and certified as
meeting the applicable requirements of such regulations.
Minimum grade, maturity, 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 subject to exemption under the regulation. In addition, the
section provides that the Moorpark variety in open containers must be
generally well matured. Also, that section provides that, with the
exception of exempt shipments, apricots must be at least 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. Individual shipments of apricots are exempt from
these requirements if sold for home use only, do not exceed 500 pounds
net weight, and containers are stamped or marked with the words ``not
for resale.''
This rule amends paragraph (a)(1) of Sec. 922.321 by temporarily
suspending the minimum grade requirements for fresh shipments of
apricots for the 1996 season only. The grade requirements currently
specified in Sec. 922.321 will resume April 1, 1997, for 1997 and
future seasons.
At its May 16, 1996, meeting, the committee unanimously recommended
suspending the grade requirements for the 1996 season. The committee
requested that this suspension be effective by June 15, the date
shipments of the 1996 Washington apricot crop are expected to begin.
The committee meets prior to and during 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.
The committee reports that the apricot crop was severely damaged by
several freezes last winter and early this spring. The severe weather
conditions resulted in a high percentage of damage from russeting, scab
spots, and other grade defects making it difficult for apricots to meet
the minimum grade requirements of Washington No. 1. The committee
estimates that only 2,300 tons of apricots will be shipped fresh during
the 1996 season, even with the grade requirements suspended as
requested. This amount is 52 percent of last season's fresh shipments
of 4,452 tons and 46 percent of the five-year average of 4,965 tons.
This rule suspends only the grade requirements specified in
Sec. 922.321. Thus, the color and minimum size requirements for all
varieties and the well matured requirements for the Moorpark variety
will remain unchanged.
This rule will enable handlers to ship a larger portion of their
crop to the fresh market this season, taking into account the abnormal
growing conditions, than they would be allowed if the minimum grade
requirements were not suspended. Suspension of the grade requirements
for Washington apricots is intended to increase fresh shipments to meet
consumer needs and improve returns to producers. It is the Department's
view that the impact of this action upon producers and handlers, both
large and small, will be beneficial because it will enable handlers to
provide apricots consistent with 1996 season growing conditions.
Therefore, 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 relevent material presented, the
information and recommendation submitted by the committee, and other
available information, it is found that suspending the minimum grade
requirements, as set forth in this rule, 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 rule suspends the current grade requirements for
Washington apricots; (2) this rule was unanimously recommended by the
committee at an open public meeting and all interested persons had an
opportunity to express their views and provide input; (3) Washington
apricot handlers are aware of this rule and need no additional time to
comply with the relaxed requirements; (4) this rule should be in effect
by June 15, 1996, the date 1996 season shipments of the Washington
apricot crop are expected to begin, and this action should apply to the
entire season's shipments; 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
Marketing agreements, Apricots, Reporting and recordkeeping
requirements.
[[Page 30497]]
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 is amended by revising paragraph (a)(1) 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 handled from June 15, 1996, through March 31, 1997;
Provided further, That such apricots of the Moorpark variety in open
containers shall be generally well matured; and
* * * * *
Dated: June 12, 1996.
Sharon Bomer Lauritsen,
Deputy Director, Fruit and Vegetable Division.
[FR Doc. 96-15350 Filed 6-14-96; 8:45 am]
BILLING CODE 3410-02-P