[Federal Register Volume 72, Number 240 (Friday, December 14, 2007)]
[Rules and Regulations]
[Pages 71055-71056]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-24203]



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  Federal Register / Vol. 72, No. 240 / Friday, December 14, 2007 / 
Rules and Regulations  

[[Page 71055]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 923

[Docket No. AMS-FV-07-0018; FV07-923-610 Review]


Sweet Cherries Grown in Designated Counties in Washington; 
Section 610 Review

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Confirmation of regulations.

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SUMMARY: This action summarizes the results under the criteria 
contained in section 610 of the Regulatory Flexibility Act (RFA), of an 
Agricultural Marketing Service (AMS) review of Marketing Order No. 923, 
regulating the handling of sweet cherries grown in designated counties 
in Washington. AMS has determined that the marketing order should be 
continued.

ADDRESSES: Interested persons may obtain a copy of the review. Requests 
for copies should be sent to the Docket Clerk, Marketing Order 
Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 
Independence Avenue, SW., STOP 0237, Washington, DC 20250-0237; Fax: 
(202) 720-8938; or E-mail: [email protected]. A copy of the 
review may also be obtained via the Internet at: http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Robert Curry or Gary D. Olson, 
Northwest Marketing Field Office, Marketing Order Administration 
Branch, Fruit and Vegetable Programs, AMS, USDA, 1220 SW Third Avenue, 
suite 385, Portland, Oregon 97204; Telephone: (503) 326-2724; Fax: 
(503) 326-7440; or E-mail: [email protected] or 
[email protected].

SUPPLEMENTARY INFORMATION: Marketing Order No. 923, as amended (7 CFR 
part 923), regulates the handling of sweet cherries grown in designated 
counties in Washington State 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 order establishes the Washington Cherry Marketing Committee 
(Committee) which is comprised of sixteen members and sixteen alternate 
members selected by the Department of Agriculture (USDA). Ten of the 
members and their respective alternates are growers of sweet cherries 
and six of the members and their respective alternates are handlers. As 
the industry is divided into two districts, five growers and three 
handlers and their respective alternates from each district are 
represented on the Committee. Committee members and alternate members 
serve for two years beginning on April 1 and ending on March 31. The 
terms are staggered so that half of the members are selected annually. 
Committee members may serve for a maximum of three consecutive two-year 
terms.
    The Committee is responsible for local administration of the order, 
including recommending the implementation of regulatory actions and 
activities to USDA, collecting and distributing industry statistics, 
and ensuring compliance with the various provisions of the order. The 
Committee recommends amendments to the order when needed to further 
industry objectives. Activities of the Committee are funded by 
assessments collected from handlers on a per ton basis for all 
production area cherries sold into the fresh market. USDA must approve 
recommendations by the Committee before they can be implemented.
    Currently, there are approximately 1,500 growers and 53 handlers of 
Washington sweet cherries in the regulated production area. The 
majority of these growers and handlers may be classified as small 
entities. The regulations implemented under the order are applied 
uniformly to small and large entities, and are designed to benefit all 
industry entities regardless of size.
    A plan to review certain regulations--including Marketing Order No. 
923--was published in the Federal Register on February 18, 1999 (64 FR 
8014), under criteria contained in section 610 of the RFA (5 U.S.C. 
601-612). Updated plans were published in the Federal Register on 
January 4, 2002 (67 FR 525), August 14, 2003 (68 FR 48574), and again 
on March 24, 2006 (71 FR 14827). Accordingly, AMS published a notice of 
review and request for written comments on the Washington sweet cherry 
marketing order in the June 20, 2007, issue of the Federal Register (72 
FR 33918). The deadline for comments ended August 20, 2007. Two 
comments were received via the regulations.gov Web site. Both comments 
were not related to the Washington sweet cherry marketing order nor the 
published request for comments specific to the section 610 review, and 
thus were not considered.
    The review was undertaken to determine whether the order should be 
continued without being changed, amended, or rescinded to minimize the 
impacts on small entities. In conducting this review, AMS considered 
the following factors: (1) The continued need for the order; (2) the 
nature of complaints or comments received from the public concerning 
the order; (3) the complexity of the order; (4) the extent to which the 
order overlaps, duplicates, or conflicts with other Federal rules, and, 
to the extent feasible, with State and local governmental rules; and 
(5) the length of time since the order has been evaluated or the degree 
to which technology, economic conditions, or other factors have changed 
in the area affected by the order.
    The order authorizes the issuance of regulations to limit the 
shipment of any particular grade, size, quality, maturity or pack of 
sweet cherries grown in the production area. Regulations may also be 
issued that fix the size, capacity, weight, dimensions, markings, or 
pack of the containers used in the packaging or handling of cherries. 
The order also authorizes the Committee to establish marketing research 
and development projects designed to assist, improve, or promote the 
marketing, distribution, and consumption of cherries. Finally, the 
order authorizes collection and dissemination of information for the 
benefit of the industry.
    Current handling regulations issued under the order's authority 
include minimum grade, size, maturity and pack

[[Page 71056]]

regulations, as well as mandatory inspection of the product to ensure 
that it meets these minimum requirements. These regulations have helped 
ensure that quality product reaches the consumer, and have thus helped 
increase and maintain demand for Washington sweet cherries over the 
past five decades. The compilation and dissemination of statistical 
information undertaken by the Committee has helped producers and 
handlers make production and marketing decisions. Funds to administer 
the order are obtained from assessments levied against all product 
handled under the order.
    Regarding complaints or comments received from the public 
concerning the order, AMS did not receive any complaints or comments 
specific to the order in response to the notice of review and request 
for comments published on June 20, 2007 (72 FR 33918).
    Marketing order issues and programs are discussed at public 
meetings, and all interested persons are allowed to express their 
views. All comments are considered in the decision making process by 
the Committee and AMS before any program changes are implemented.
    In considering the order's complexity, AMS has determined that the 
order is not unduly complex.
    During the review, the order was also checked for duplication and 
overlap with other regulations. Except as discussed herein, AMS did not 
identify any relevant Federal rules, or State and local regulations 
that duplicate, overlap, or conflict with the order. There is a 
Washington State commission covering specified tree fruits, including 
sweet cherries. However, this program--the Washington State Fruit 
Commission (Commission)--is market-oriented and none of its programs 
are duplicated by the Federal order. Among other activities, the 
Commission currently conducts marketing research and development 
projects, which are authorized--but not currently conducted--under the 
Federal order.
    The order was established in June 1957. During the 50 years the 
order has been in effect, AMS and the Washington sweet cherry industry 
have continuously monitored its operations. Changes in regulations have 
been implemented to reflect current industry operating practices, and 
to solve marketing problems as they occur. The goal of periodic 
evaluations is to assure that the order and the regulations implemented 
under it fit the needs of the industry and are consistent with the Act.
    The Committee meets once or twice a year to discuss the order and 
the various regulations issued thereunder, and to determine if, or 
what, changes may be necessary to reflect current industry practices. 
As a result, regulatory changes have been made numerous times over the 
years to address industry operation changes and to improve program 
administration. In addition, in 2001, and again in 2005, the Committee 
made several recommendations to improve quality regulations and program 
operations through two separate formal amendments of the order. These 
formal amendment proceedings resulted in several changes being made to 
the order, including: Increasing the size of the production area to 
include all of Washington State east of the Cascade Mountain Range; 
allowing grading and packing of Washington cherries outside the 
production area; increasing Committee representation by adding a 
handler member; providing for late payment and interest charges on 
delinquent assessments; authorizing the establishment of container 
marking requirements; adding authority for the Committee to accept 
voluntary contributions for research and promotion; establishing tenure 
requirements for Committee members; and adding a requirement that 
continuance referenda be held every 6 years.
    Based on the potential benefits of the order to producers, 
handlers, and consumers, AMS has determined that the Washington sweet 
cherry marketing order should be continued. The order was established 
to help the industry work with USDA to solve marketing problems. The 
order's regulations on grade, size, quality, maturity, and pack 
continue to be beneficial to producers, handlers, and consumers. AMS 
will continue to work with the Washington sweet cherry industry in 
maintaining an effective marketing order program.

    Dated: December 10, 2007.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
 [FR Doc. E7-24203 Filed 12-13-07; 8:45 am]
BILLING CODE 3410-02-P