[Federal Register Volume 65, Number 217 (Wednesday, November 8, 2000)]
[Proposed Rules]
[Pages 66935-66936]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-28659]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 65, No. 217 / Wednesday, November 8, 2000 / 
Proposed Rules  

[[Page 66935]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 927

[Docket No. FV00-927-3]


Winter Pears Grown in Oregon and Washington; Hearing on Proposed 
Amendment of Marketing Agreement and Order No. 927

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Notice of hearing on proposed rulemaking.

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SUMMARY: Notice is hereby given of a public hearing to consider 
amending Marketing Agreement and Order No. 927, hereinafter referred to 
as the ``order.'' The order regulates the handling of winter pears 
grown in Oregon and Washington. The purpose of the hearing is to 
receive evidence on amendments proposed by the Winter Pear Control 
Committee (Committee), which is responsible for local administration of 
the order. The proposals include amending the order to add the word 
``maturity'' to the list of attributes that may be regulated; to 
provide for container regulations and marking requirements; and to 
allow alternates from the same district and group (growers or handlers) 
to serve when a member and that member's alternates are unable to 
attend a committee meeting.

DATES: The hearing date will begin at 9:00 a.m. in Portland, Oregon, on 
November 29, 2000.

ADDRESSES: The hearing will be held at the Sheraton Portland Airport 
Hotel, 8235 NE Airport Way, Portland, Oregon.

FOR FURTHER INFORMATION CONTACT: Melissa Schmaedick, Marketing Order 
Administration Branch, Fruit and Vegetable Programs, AMS, USDA, P.O. 
Box 96456, room 2525-S, Washington, DC 20090-6456; telephone: (202) 
205-2830, Fax: (202) 205-6632.
    Small businesses may request information on this proceeding by 
contacting Jay Guerber, Marketing Order Administration Branch, Fruit 
and Vegetable Programs, AMS, USDA, room 2525-S, P.O. Box 96456, 
Washington, DC 20090-6456; telephone: (202) 720-2491, Fax: (202) 205-
6632.

SUPPLEMENTARY INFORMATION: This administrative action is instituted 
pursuant to the Agricultural Marketing Agreement Act of 1937, as 
amended (7 U.S.C. 601-674), hereinafter referred to as the ``Act.'' 
This action is governed by the provisions of sections 556 and 557 of 
title 5 of the United States Code and, therefore, is excluded from the 
requirements of Executive Order 12866.
    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) seeks to 
ensure that within the statutory authority of a program, the regulatory 
and informational requirements are tailored to the size and nature of 
small businesses. Interested persons are invited to present evidence at 
the hearing on the possible regulatory and informational impacts of the 
proposals on small businesses.
    The amendments proposed herein have been reviewed under Executive 
Order 12988, Civil Justice Reform. They are not intended to have 
retroactive effect. If adopted, the proposed amendments would not 
preempt any State or local laws, regulations, or policies, unless they 
present an irreconcilable conflict with the proposals.
    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. 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.
    The hearing is called pursuant to the provisions of the Act and the 
applicable rules of practice and procedure governing the formulation of 
marketing agreements and orders (7 CFR part 900).
    The Committee proposes three amendments as summarized below.
    1. Amend the order to add the word ``maturity'' to the list of 
attributes that may be regulated in Sec. 927.51.
    2. Amend the order to authorize container and marking regulation. 
This would encompass capacity, weight, dimensions, and packing of the 
container, or containers, which may be used in packaging or handling of 
pears. To remain consistent with this amendment, Sec. 927.5, the 
definition of size, will be revised to remove the specific reference to 
a western standard pear box with its dimensions.
    3. Allow an alternate member from the same district and group 
(handler or grower) to serve in a member's place and stead in the event 
that both a member of the Committee and the Committee member's 
alternates are unable to attend a Committee meeting.
    The Committee works with the Department in administering the order. 
These proposals have not received the approval of the Secretary of 
Agriculture.
    The Committee believes that the proposed changes would improve the 
administration, operation, and functioning of the order.
    Also, the Fruit and Vegetable Programs of the Agricultural 
Marketing Service (AMS) proposes to allow such conforming changes to 
the order which may be necessary as a result of the hearing.
    The public hearing is held for the purpose of: (i) Receiving 
evidence about the economic and marketing conditions which relate to 
the proposed amendments of the order; (ii) determining whether there is 
a need for the proposed amendments to the order; and (iii) determining 
whether the proposed amendments or appropriate modifications thereof 
will tend to effectuate the declared policy of the Act.
    Testimony is invited at the hearing on all the proposals and 
recommendations contained in this notice, as well as any appropriate 
modifications or alternatives.
    All persons wishing to submit written material as evidence at the 
hearing should be prepared to submit four copies of such material at 
the hearing and should have prepared testimony available for 
presentation at the hearing.
    From the time the notice of hearing is issued and until the 
issuance of a final

[[Page 66936]]

decision in this proceeding, Department employees involved in the 
decisional process are prohibited from discussing the merits of the 
hearing issues on an ex parte basis with any person having an interest 
in the proceeding. The prohibition applies to employees in the 
following organizational units: Office of the Secretary of Agriculture; 
Office of the Administrator, AMS; Office of the General Counsel; and 
the Fruit and Vegetable Programs, AMS.
    Procedural matters are not subject to the above prohibition and may 
be discussed at any time.

List of Subjects in 7 CFR Part 927

    Marketing agreements, Reporting and recordkeeping requirements, 
Winter pears.

PART 927--WINTER PEARS GROWN IN OREGON AND WASHINGTON

    1. The authority citation for 7 CFR part 927 continues to read as 
follows:

    Authority: 7 U.S.C. 601-674.

    2. Testimony is invited on the following proposals or appropriate 
alternatives or modifications to such proposals.
    Proposals submitted by the Winter Pear Control Committee:

Proposal No. 1

    Amend Sec. 927.51 by adding a new paragraph (a)(3) to read as 
follows:


Sec. 927.51  Issuance of regulations; and modification suspension, or 
termination thereof.

    (a) * * *
    (3) Fix the size, capacity, weight, dimensions, markings, or pack 
of the container, or containers, which may be used in packaging or 
handling of pears.
* * * * *
    Revise Sec. 927.5 to read as follows:


Sec. 927.5  Size

    Size means the number of pears which can be packed in a standard 
pear box when packed in accordance with the packing requirements of the 
U.S. Standards for Pears (part 51 of this title), or as such standards 
hereafter may be modified or as ``size'' may be more specifically 
defined in a regulation issued under this part.

Proposal No. 2

    Revise Sec. 927.28 to read as follows:


Sec. 927.28  Alternates for members of the Control Committee.

    The first alternate for a member shall act in the place and stead 
of the member for whom he/she is an alternate during such member's 
absence. In the event of the death, removal, resignation, or 
disqualification of a member, his or her first alternate shall act as a 
member until a successor for the member is selected and has qualified. 
The second alternate for a member shall serve in the place and stead of 
the member for whom he/she is an alternate whenever both the member and 
his/her first alternate are unable to serve. In the event that both a 
member of the Control Committee and that member's alternates are unable 
to attend a Control Committee meeting, the member or the Control 
Committee may designate any other alternate member from the same 
district and group (handler or grower) to serve in that member's place 
and stead.

Proposal No. 3

    Amend Sec. 927.51 by revising paragraph (a)(1) to read as follows:


927.51  Issuance of regulations; and modification suspension, or 
termination thereof.

    (a) * * *
    (1) May limit the total quantity of any grade, size, quality, 
maturity, or combination thereof, of any variety of pears grown in any 
district and may prescribe different requirements applicable to 
shipments to different export markets; or
* * * * *
    The Fruit and Vegetable Programs, Agricultural Marketing Service, 
submitted the following proposal:

Proposal No. 4

    Make such changes as may be necessary to the order to conform with 
any amendment thereto that may result from the hearing.

    Dated: November 2, 2000.
Kenneth C. Clayton,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 00-28659 Filed 11-7-00; 8:45 am]
BILLING CODE 3410-02-U