[Federal Register Volume 71, Number 30 (Tuesday, February 14, 2006)]
[Rules and Regulations]
[Pages 7673-7677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-1319]



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  Federal Register / Vol. 71, No. 30 / Tuesday, February 14, 2006 / 
Rules and Regulations  

[[Page 7673]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 927

[Docket No. FV05-927-01 FR]


Pears Grown in Oregon and Washington; Establishment of Continuing 
Assessment Rates and Modification of the Rules and Regulations

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This rule establishes continuing assessment rates for the 
Fresh Pear Committee and the Processed Pear Committee (Committees) for 
the 2005-2006 fiscal period and subsequent fiscal periods. The 
Committees recommended the establishment of three base rates of 
assessment for any or all varieties or subvarieties of pears classified 
as ``summer/fall'', ``winter'', and ``other'' for fresh pears and pears 
for processing, respectively. This rule also modifies handling and 
reporting requirements in conformance with the amendments made to the 
marketing order for pears grown in Oregon and Washington on May 21, 
2005, and to reflect current pear industry operating practices under 
the marketing order. The marketing order is locally administered by the 
Committees. Assessments upon pear handlers are used by the Committees 
to fund reasonable and necessary expenses of the program. The fiscal 
period began July 1 and ends June 30. The assessment rates will remain 
in effect indefinitely unless modified, suspended, or terminated.

EFFECTIVE DATE: February 15, 2006.

FOR FURTHER INFORMATION CONTACT: Susan M. Hiller, Northwest Marketing 
Field Office, Fruit and Vegetable Programs, AMS, USDA, Telephone: (503) 
326-2724, Fax: (503) 326-7440; or George Kelhart, Technical Advisor, 
Marketing Order Administration Branch, Fruit and Vegetable Programs, 
AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC 
20250-0237; Telephone: (202) 720-2491, Fax: (202) 720-8938.
    Small businesses may request information on complying with this 
regulation by contacting Jay Guerber, Marketing Order Administration 
Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence 
Avenue SW., STOP 0237, Washington, DC 20250-0237; Telephone: (202) 720-
2491, Fax: (202) 720-8938, or E-mail: [email protected].

SUPPLEMENTARY INFORMATION: This rule is issued under Marketing Order 
No. 927, as amended (7 CFR part 927), regulating the handling of pears 
grown in Oregon and Washington, hereinafter referred to as the 
``order.'' The 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 (USDA) is issuing this rule in 
conformance with Executive Order 12866.
    This rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. Under the marketing order now in effect, Oregon and 
Washington pear handlers are subject to assessments. Funds to 
administer the order are derived from such assessments. It is intended 
that the assessment rates as issued herein will be applicable to all 
assessable pears beginning on July 1, 2005, and continue until amended, 
suspended, or terminated. 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 USDA 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. Such 
handler is afforded the opportunity for a hearing on the petition. 
After the hearing USDA 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 USDA's ruling on the petition, 
provided an action is filed not later than 20 days after the date of 
the entry of the ruling.
    This rule reflects a recent amendment to the marketing order for 
``winter'' pears (Marketing Order No. 927) which incorporated the 
handling of ``summer/fall'' pears, previously regulated under Marketing 
Order No. 931, and extended coverage to pears for processing. This rule 
also establishes continuing assessment rates for the Fresh Pear 
Committee (FPC) and the Processed Pear Committee (PPC) for the 2005-
2006 fiscal period and subsequent fiscal periods. The Committees 
recommended the establishment of three base rates of assessment for any 
or all varieties or subvarieties of pears classified as ``summer/
fall'', ``winter'', and ``other'' for fresh pears and pears for 
processing, respectively.
    The Oregon and Washington pear marketing order provides authority 
for the Committees, with the approval of USDA, to formulate annual 
budgets of expenses and collect assessments from handlers to administer 
the program. The members of the Committees include growers, handlers, 
and processors of Oregon and Washington pears. They are familiar with 
the needs of the Committees and with the costs for goods and services 
in their local area and are thus in a position to formulate appropriate 
budgets and assessment rates for the Committees. The assessment rates 
are formulated and discussed in public meetings. Thus, all directly 
affected persons have an opportunity to participate and provide input.
    The FPC met on July 15, 2005, and unanimously recommended 2005-2006 
expenditures of $8,987,218. In addition, the FPC unanimously 
recommended the following three base rates of assessment: (a) $0.366 
per 44-pound net weight standard box or container equivalent for any or 
all varieties or subvarieties of fresh pears classified as ``summer/
fall''; (b) $0.501 per 44-pound net weight standard box or container 
equivalent for any or all varieties or subvarieties of fresh pears 
classified as ``winter''; and

[[Page 7674]]

(c) $0.000 per 44-pound net weight standard box or container equivalent 
for any or all varieties or subvarieties of fresh pears classified as 
``other''. This was the first public meeting of the newly formed FPC 
since the pear marketing order was amended on May 21, 2005 (70 FR 
29388).
    The FPC contracts with Pear Bureau Northwest under a management 
agreement. The major expenditures recommended by the FPC for the 2005-
2006 fiscal period include $418,431 for shared expenses (salaries and 
benefits, insurance, office rent, equipment rental and maintenance, 
office supplies, telephone, postage, and similar expenses); $584,307 
for production research and market development; $207,500 for program 
expenses (compliance and education, committee meetings, office 
equipment purchases, industry development, and computer programs); and 
$7,776,980 for paid advertising.
    The recommended assessment rate for fresh ``summer/fall'' pears was 
derived by the FPC by allocating $0.300 for paid advertising, $0.031 
for production research and market development, and $0.035 for 
administrative expenses. Similarly, the assessment rate for ``winter'' 
pears was derived by allocating $0.400 for paid advertising, $0.031 for 
production research and market development, and $0.070 for 
administrative expenses. The FPC recommended a $0.00 assessment rate 
for all ``other'' pears not included under the classification of 
``summer/fall'' and ``winter'' pears. Fresh ``summer/fall'' pear 
shipments for 2005-2006 are estimated at 3,688,600 standard boxes, 
which should provide $1,350,028 in ``summer/fall'' pear assessment 
income. Fresh ``winter'' pear shipments for 2005-2006 are estimated at 
15,160,000 standard boxes, which should provide $7,595,160 in 
``winter'' pear assessment income. This results in a combined total 
assessment income of $8,945,188 for the 2005-2006 fiscal period.
    Income derived from handler assessments ($8,945,188), interest and 
miscellaneous income ($41,000), and reserve funds ($431,546) should be 
adequate to cover budgeted expenses. Reserve funds, estimated at 
$430,516 at the end of the 2005-2006 fiscal period, will be kept within 
the maximum permitted by the order of approximately one fiscal period's 
expenses (Sec.  927.42).
    The PPC met on July 22, 2005, and unanimously recommended 2005-2006 
expenditures of $875,980. In addition, the PPC unanimously recommended 
the following three base rates of assessment: (a) $6.25 per ton for any 
or all varieties or subvarieties of pears for canning classified as 
``summer/fall'', excluding pears for other methods of processing; (b) 
$0.00 per ton for any or all varieties or subvarieties of pears for 
processing classified as ``winter''; and (c) $0.00 per ton for any or 
all varieties or subvarieties of pears for processing classified as 
``other''. The assessment for ``summer/fall'' pears applies only to 
pears for canning and excludes pears for other methods of processing as 
defined in Sec.  927.15, which includes pears for concentrate, 
freezing, dehydrating, pressing, or in any other way to convert pears 
into a processed product. This was the first public meeting of the 
newly formed PPC since the pear marketing order was amended on May 21, 
2005 (70 FR 29388).
    The PPC contracts with the Washington State Fruit Commission under 
a management agreement. The major expenditures recommended by the PPC 
for the 2005-2006 fiscal period include $28,000 for contracted 
administrative services expenses; $700,000 for paid advertising; 
$140,000 for production research and market development; and $6,980 for 
committee expenses (audit, compliance and education, office supplies, 
telephone, and travel).
    The recommended assessment rate for ``summer/fall'' pears was 
derived by the PPC for canning by allocating $5.00 for paid 
advertising, $1.00 for production research and market development, and 
$0.25 for administrative expenses. The PPC recommended a $0.00 
assessment rate for both the ``winter'' and ``other'' classification of 
pears for processing. Shipments of ``summer/fall'' pears for canning 
for 2005-2006 are estimated at 140,000 tons, which should provide 
$875,000 in ``summer/fall'' pear assessment income.
    Because this is the first time pears for processing will be 
regulated, there is no beginning reserve balance. Income derived from 
handler assessments ($875,000), along with interest income ($2,000) 
should be adequate to cover budgeted expenses. Reserve funds, estimated 
at $1,020 at the end of the 2005-2006 fiscal period, will be kept 
within the maximum permitted by the order of approximately one fiscal 
period's expenses (Sec.  927.42).
    The assessment rates fixed by this final rule will continue in 
effect indefinitely unless modified, suspended, or terminated by USDA 
upon recommendation and information submitted by the Committees or 
other available information.
    Although these assessment rates will be in effect for an indefinite 
period, the Committees will continue to meet prior to, or during, each 
fiscal period to recommend budgets of expenses and consider 
recommendations for modification of the assessment rates. The dates and 
times of meetings for the Committees are available from either the 
Committees or USDA. Committee meetings are open to the public and 
interested persons may express their views at these meetings. USDA will 
evaluate the Committees' recommendations and other available 
information to determine whether modifications of the assessment rates 
are needed. Further rulemaking will be undertaken as necessary. The 
Committees' 2005-2006 budgets and those for subsequent fiscal periods 
would be reviewed and, as appropriate, approved by USDA.
    As a result of amendments to the order on May 21, 2005 (70 FR 
29388), the Committees also unanimously recommended conforming changes 
to the order's handling and reporting requirements to reflect the 
combination of two marketing orders into one and to reflect current 
pear industry operating practices. The conforming changes, which are no 
longer in effect in the order, include removing language regarding a 
marketing agreement from Sec. Sec.  927.100, 927.101, 927.105, and 
927.121; exemption certificates from Sec. Sec.  927.110, 927.110a, 
927.111, 927.112, 927.113, and 927.114; shipments to designated 
storages in Sec.  927.122; and the reserve fund in Sec.  927.142. In 
Sec.  927.102, the list of varieties are removed since pears are 
defined in Sec.  927.4, and California is removed since that state is 
no longer defined in Sec.  927.10--production area. Further, conforming 
changes replace the name of the Winter Pear Control Committee with that 
of the FPC or the PPC where appropriate in Sec. Sec.  927.105, 927.120, 
927.123, and 927.316. Also, there are conforming changes in Sec. Sec.  
927.125 and 927.126, to the reports required under the order for the 
FPC and the PPC that were previously required under the Winter Pear 
Control Committee and the Northwest Fresh Bartlett Pear Marketing 
Committee.

Final Regulatory Flexibility Analysis

    Pursuant to requirements set forth in the Regulatory Flexibility 
Act (RFA), the Agricultural Marketing Service (AMS) has considered the 
economic impact of this rule on small entities. Accordingly, AMS has 
prepared this final regulatory flexibility analysis.
    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

[[Page 7675]]

Act, and the 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 1,715 growers of pears in Oregon and 
Washington and approximately 51 handlers subject to regulation under 
the marketing order. Small agricultural producers are defined by the 
Small Business Administration (SBA) (13 CFR 121.201) as those having 
annual receipts of less than $750,000, and small agricultural service 
firms are defined as those whose annual receipts are less than 
$6,000,000.
    According to the Noncitrus Fruits and Nuts 2004 Summary issued in 
July 2005 by the National Agricultural Statistics Service, the total 
farm gate value of all pears grown in Oregon and Washington for 2004 
was $210,409,000. Therefore, the 2004 average gross revenue for a pear 
grower in Oregon and Washington was $122,687. Based on records of the 
Committees and recent f.o.b. prices for pears, over 76 percent of the 
handlers ship less than $6,000,000 worth of pears on an annual basis. 
Thus, it can be concluded that the majority of growers and handlers of 
Oregon and Washington pears may be classified as small entities.
    There are five processing plants in the production area, with one 
in Oregon and four in Washington. All five processors would be 
considered large entities under the SBA's definition of small 
businesses.
    This rule establishes continuing assessment rates for the FPC and 
the PPC for the 2005-2006 fiscal period and subsequent fiscal periods. 
The Committees recommended the establishment of three base rates of 
assessment for any or all varieties or subvarieties of pears classified 
as ``summer/fall'', ``winter'', and ``other'' for fresh pears and pears 
for processing, respectively.
    The FPC met on July 15, 2005, and unanimously recommended 2005-2006 
expenditures of $8,987,218. In addition, the FPC unanimously 
recommended three base rates of assessment per 44-pound net weight 
standard box or container equivalent for any or all varieties or 
subvarieties of fresh pears classified as ``summer/fall'', ``winter'', 
and ``other'', as follows: $0.366, $0.501, and $0.000, respectively. 
Fresh ``summer/fall'' pear shipments for 2005-2006 are estimated at 
3,688,600 standard boxes, which should provide $1,350,028 in ``summer/
fall'' pear assessment income. Fresh ``winter'' pear shipments for 
2005-2006 are estimated at 15,160,000 standard boxes, which should 
provide $7,595,160 in ``winter'' pear assessment income. This results 
in a combined total assessment income of $8,945,188 for the 2005-2006 
fiscal period.
    Income derived from handler assessments ($8,945,188), interest and 
miscellaneous income ($41,000), and reserve funds ($431,546) should be 
adequate to cover budgeted expenses. Reserve funds, estimated at 
$430,516 at the end of the 2005-2006 fiscal period, will be kept within 
the maximum permitted by the order of approximately one fiscal period's 
expenses (Sec.  927.42).
    The PPC met on July 22, 2005, and unanimously recommended 2005-2006 
expenditures of $875,980. In addition, the Committee unanimously 
recommended three base rates of assessment per ton for any or all 
varieties or subvarieties of pears for processing classified as 
``summer/fall'', ``winter'', and ``other'', as follows: $6.25, $0.00, 
and $0.00, respectively. The ``summer/fall'' assessment applies only to 
pears for canning. Shipments of ``summer/fall'' pears for canning for 
2005-2006 are estimated at 140,000 tons, which should provide $875,000 
in ``summer/fall'' pear assessment income.
    Because this is the first time pears for processing will be 
regulated, there is no beginning reserve balance. Income derived from 
handler assessments ($875,000), along with interest income ($2,000) 
should be adequate to cover budgeted expenses. Reserve funds, estimated 
at $1,020 at the end of the 2005-2006 fiscal period, will be kept 
within the maximum permitted by the order of approximately one fiscal 
period's expenses (Sec.  927.42).
    Prior to arriving at these budgets, the FPC and the PPC considered 
information and proposals from the Pear Research Subcommittee, Pear 
Bureau Northwest, and the Pacific Northwest Canned Pear Service. 
Alternative expenditure levels were discussed regarding the relative 
value of research and promotion to the pear industry. The recommended 
assessment rate for fresh ``summer/fall'' pears was derived by the FPC 
by allocating $0.300 for paid advertising, $0.031 for production 
research and market development, and $0.035 for administrative 
expenses. Similarly, the assessment rate for ``winter'' pears was 
derived by allocating $0.400 for paid advertising, $0.031 for 
production research and market development, and $0.070 for 
administrative expenses. The FPC recommended a $0.00 assessment rate 
for all ``other'' pears not included under the classification of 
``summer/fall'' or ``winter'' pears. The recommended assessment rate 
for ``summer/fall'' pears was derived by the PPC for canning by 
allocating $5.00 for paid advertising, $1.00 for production research 
and market development, and $0.25 for administrative expenses. The PPC 
recommended a $0.00 assessment rate for the ``winter'' pears for 
processing and all ``other'' pears for processing.
    A review of historical information and preliminary information 
pertaining to the upcoming fiscal period indicates that the grower 
price for the 2005-2006 season could range between $256 and $356 per 
ton of pears. The highest estimated revenue would be the assessment on 
fresh market ``winter'' pears at $22.77 per ton. Therefore, the highest 
estimated assessment revenue for the 2005-2006 fiscal period as a 
percentage of total grower revenue could range between 6.4 and 8.9 
percent.
    As a result of amendments to the order on May 21, 2005 (70 FR 
29388), the Committees also unanimously recommended conforming changes 
to the order's handling and reporting requirements to reflect the 
combination of two orders into one and to reflect current pear industry 
operating practices under the marketing order. The conforming changes 
include removing language regarding a marketing agreement, exemption 
certificates, shipments to designated storages, and the reserve fund. 
Further, conforming changes replace the name of the Winter Pear Control 
Committee with that of the FPC or the PPC, where appropriate. Also, 
there are conforming changes to the reports required under the order 
for the FPC and the PPC that were previously required under the Winter 
Pear Control Committee and the Northwest Fresh Bartlett Marketing 
Committee. These conforming changes will have a minimal impact on the 
small entities of growers and handlers in Oregon and Washington. There 
are no viable alternatives to these conforming changes.
    In addition, while assessments impose some additional costs on 
handlers, the costs are minimal and uniform on all handlers. Some of 
the additional costs may be passed on to growers. However, these costs 
are offset by the benefits derived by the operation of the marketing 
order. In addition, the Committees' meetings were widely publicized 
throughout the Oregon and Washington pear industry and all interested 
persons were invited to attend the meetings and participate in the 
Committees' deliberations on all issues. Like all committee meetings, 
the July 15, 2005, and the July 22, 2005, meetings were public meetings 
and all entities, both large and small, were able

[[Page 7676]]

to express views on these issues. Finally, as mentioned below, 
interested persons were invited to submit information on the regulatory 
and informational impacts of these actions on small businesses.
    This rule imposes no additional reporting or recordkeeping 
requirements on either small or large Oregon and Washington pear 
handlers. As with all Federal marketing order programs, reports and 
forms are periodically reviewed to reduce information requirements and 
duplication by industry and public sector agencies.
    USDA has not identified any relevant Federal rules that duplicate, 
overlap, or conflict with this rule.
    A proposed rule concerning this action was published in the Federal 
Register on December 9, 2005 (70 FR 73167). Copies of the proposed rule 
were made available by the staff of the Committees to all producers, 
handlers, and interested persons. In addition, the rule was made 
available through the internet by USDA and the Office of Federal 
Register. A 30 day comment period ending January 9, 2006, was provided 
for interested persons to respond to the proposal. No comments were 
received.
    A small business guide on complying with fruit, vegetable, and 
specialty crop marketing agreements and orders may be viewed at: http://www.ams.usda.gov/fv/moab.html. Any questions about the compliance 
guide should be sent to Jay Guerber at the previously mentioned address 
in the FOR FURTHER INFORMATION CONTACT section.
    After consideration of all relevant material presented, including 
the information and recommendation submitted by the Committees and 
other available information, it is hereby found that this 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 that good 
cause exists for not postponing the effective date of this rule until 
30 days after publication in the Federal Register because: (1) The 
2005-2006 fiscal period began on July 1, 2005, and the marketing order 
requires that the rates of assessment for each fiscal period apply to 
all assessable pears handled during such fiscal period; (2) The 
Committees need to have sufficient funds to pay for the expenses which 
are incurred on a continuous basis; (3) handlers are aware of these 
actions which were unanimously recommended by the Committees at public 
meetings and are similar to other assessment rate actions issued in 
past years; (4) any conforming changes to the handling and reporting 
requirements made as result of this rule should be implemented as 
quickly as possible to assure program continuity; and (5) a 30-day 
comment period was provided for in the proposed rule.

List of Subjects in 7 CFR Part 927

    Marketing agreements, Pears, Reporting and recordkeeping 
requirements.

0
For the reasons set forth in the preamble, 7 CFR part 927 is amended as 
follows:

PART 927--PEARS GROWN IN OREGON AND WASHINGTON

0
1. The authority citation for 7 CFR part 927 continues to read as 
follows:

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


0
2. Subpart--Control Committee Rules and Regulations is revised to read 
as follows:

Subpart--Rules and Regulations


Sec.  927.100  [Amended]

0
3. In Sec.  927.100, the words ``agreement and'' are removed.


Sec.  927.101  [Removed and reserved]

0
4. Section 927.101 is removed and reserved.

0
5. Section 927.102 is revised to read as follows:


Sec.  927.102  Order.

    Order means Marketing Order No. 927, as amended (Sec. Sec.  927.1 
to 927.81), regulating the handling of pears grown in the States of 
Oregon and Washington.

0
6. Section 927.105 is revised to read as follows:


Sec.  927.105  Communications.

    Unless otherwise prescribed in this subpart or in the order, or 
required by the Fresh Pear Committee or the Processed Pear Committee, 
all reports, applications, submittals, requests, inspection 
certificates, and communications in connection with the order shall be 
forwarded to: Fresh Pear Committee, 4382 SE International Way, Suite A, 
Milwaukie OR 97222-4635 and or the Processed Pear Committee, 105 South 
18th Street, Suite 205, Yakima WA 98901.


Sec. Sec.  927.110, 927.110a, 927.111, 927.112, 927.113, and 
927.114  [Removed]

0
7. The undesignated center heading ``Exemption Certificates'', and 
Sec. Sec.  927.110, 927.110a, 927.111, 927.112, 927.113, and 927.114 
are removed.


Sec.  927.120  [Amended]

0
8. In Sec.  927.120, the words ``Control Committee'' are removed and 
the words ``Fresh Pear Committee'' are added in their place.


Sec.  927.121  [Amended]

0
9. In Sec.  927.121, the words ``marketing agreement and'' are removed.


Sec.  927.122  [Removed and Reserved]

0
10. Section 927.122 is removed and reserved.


Sec.  927.123  [Amended]

0
11. In Sec.  927.123, the words ``Control Committee'' are removed and 
the words ``Fresh Pear Committee or Processed Pear Committee'' are 
added in their place.
0
12. Section 927.125 is revised to read as follows:


Sec.  927.125  Fresh pear reports.

    (a) Each handler shall furnish to the Fresh Pear Committee, as of 
every other Friday or at such other times established by the Fresh Pear 
Committee, a ``Handler's Statement of Fresh Pear Shipments'' containing 
the following information:
    (1) The quantity of each variety or subvariety of fresh pears 
shipped by that handler during the preceding two weeks;
    (2) The assessment payment due and enclosed;
    (3) The date of each shipment;
    (4) The ultimate destination by city and state or city and country;
    (5) The name and address of such handler; and
    (6) Other information as may be requested by the Fresh Pear 
Committee.
    (b) Each handler shall furnish to the Fresh Pear Committee, each 
Friday during the shipping season or at such other times established by 
the Fresh Pear Committee, a ``Handler's Packout Report'' containing the 
following information:
    (1) The projected total quantity of the packout of each variety or 
subvariety;
    (2) The quantity to date of the packout of each variety or 
subvariety;
    (3) The quantity of each variety or subvariety loose in storage;
    (4) The quantity of the packout in controlled atmosphere (C.A.) 
storage and the quantity in C.A. storage which is sold;
    (5) The quantity of each variety or subvariety shipped;
    (6) The name and address of such handler; and
    (7) Other information as may be requested by the Fresh Pear 
Committee.
    (c) Each handler shall furnish to the Fresh Pear Committee, upon 
request, the

[[Page 7677]]

``Pear Size and Grade Storage Report'' containing the quantity of 
specific grades and sizes of fresh pears in regular and C.A. storage by 
variety or subvariety, and such other information as may be requested 
from the Fresh Pear Committee for the time period specified.
    (d) Each handler who has shipped less than 2,500 44-pound net 
weight standard boxes or container equivalents of fresh pears during 
any reporting period of the shipping season may, in lieu of reporting 
as provided in (a) and (b) of this section, report as follows:
    (1) At completion of harvest, on the next reporting date, furnish 
to the Fresh Pear Committee a ``Handlers Packout Report';
    (2) After unreported shipments total 2,500 44-pound net weight 
standard boxes or container equivalents of fresh pears, furnish to the 
Fresh Pear Committee a ``Handler's Statement of Fresh Pear Shipments'' 
and a ``Handler's Packout Report'' on the next reporting date;
    (3) After completion of all shipments from regular storage (i.e. 
non-C.A. storage), furnish to the Fresh Pear Committee a ``Handler's 
Statement of Fresh Pear Shipments'' and a ``Handler's Packout Report'' 
on the next reporting date;
    (4) At mid-season for C.A. storage, at a date established by the 
Fresh Pear Committee, furnish to the Fresh Pear Committee a ``Handler's 
Statement of Fresh Pear Shipments'', and a ``Handler's Packout Report'; 
and
    (5) At the completion of all seasonal pear shipments, furnish to 
the Fresh Pear Committee a ``Handler's Statement of Fresh Pear 
Shipments'' and a ``Handler's Packout Report'', on the next reporting 
date. Each of these reports shall be marked ``final report'' and 
include an explanation of the actual shipments versus the original 
estimate, if different.
    (e) Each handler shall specify on each bill of lading covering each 
shipment, the variety or subvariety and quantity of all pears included 
in that shipment.
0
13. A new Sec.  927.126 is added to read as follows:


Sec.  927.126  Processed pear reports.

    (a) Each handler shall furnish to the Processed Pear Committee 
annually on a date established by the Processed Pear Committee the 
``Processed Pear Assessment Report'' containing the following 
information:
    (1) The name of the processor(s) or firm(s) to whom pears were 
sold;
    (2) The quantity of each variety or subvariety of pears shipped by 
that handler;
    (3) The crop year covered in the report;
    (4) The assessment payment due and enclosed;
    (5) The name and address of such handler; and
    (6) Other information as may be requested by the Processed Pear 
Committee.
    (b) Each handler shall specify on each bill of lading covering each 
shipment, the variety or subvariety and quantity of all pears included 
in that shipment.


Sec.  927.142  [Removed and Reserved]

0
14. Section 927.142 is removed and reserved.

0
15. Section 927.236 is revised to read as follows:


Sec.  927.236  Fresh pear assessment rate.

    On and after July 1, 2005, the following base rates of assessment 
for fresh pears are established for the Fresh Pear Committee:
    (a) $0.366 per 44-pound net weight standard box or container 
equivalent for any or all varieties or subvarieties of fresh pears 
classified as ``summer/fall'';
    (b) $0.501 per 44-pound net weight standard box or container 
equivalent for any or all varieties or subvarieties of fresh pears 
classified as ``winter''; and
    (c) $0.000 per 44-pound net weight standard box or container 
equivalent for any or all varieties or subvarieties of fresh pears 
classified as ``other''.

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16. A new Sec.  927.237 is added to read as follows:


Sec.  927.237  Processed pear assessment rate.

    On and after July 1, 2005, the following base rates of assessment 
for pears for processing are established for the Processed Pear 
Committee:
    (a) $6.25 per ton for any or all varieties or subvarieties of pears 
for canning classified as ``summer/fall'', excluding pears for other 
methods of processing;
    (b) $0.00 per ton for any or all varieties or subvarieties of pears 
for processing classified as ``winter''; and
    (c) $0.00 per ton for any or all varieties or subvarieties of pears 
for processing classified as ``other''.

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17. Section 927.316 is revised to read as follows:


Sec.  927.316  Handling regulation.

    During the period August 15 through November 1, no person shall 
handle any fresh Beurre D'Anjou variety of pears for shipments to North 
America (Continental United States, Mexico, or Canada), unless such 
pears meet the following requirements:
    (a) Fresh Beurre D'Anjou variety of pears shall have a 
certification by the Federal-State Inspection Service, issued prior to 
shipment, showing that the core/pulp temperature of such pears has been 
lowered to 35 degrees Fahrenheit or less and any such pears have an 
average pressure test of 14 pounds or less. The handler shall submit, 
or cause to be submitted, a copy of the certificate issued on the 
shipment to the Fresh Pear Committee.
    (b) Each handler may ship on any one conveyance 8,800 pounds or 
less of fresh Beurre D'Anjou variety of pears without regard to the 
quality and inspection requirements in paragraph (a) of this section.

    Dated: February 8, 2006.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. 06-1319 Filed 2-13-06; 8:45 am]
BILLING CODE 3410-02-P