[Federal Register Volume 73, Number 246 (Monday, December 22, 2008)]
[Rules and Regulations]
[Pages 78149-78150]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-30310]



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  Federal Register / Vol. 73, No. 246 / Monday, December 22, 2008 / 
Rules and Regulations  

[[Page 78149]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 927

[Docket No. AMS-FV-08-0008, FV08-927-610 Review]


Pears Grown in Oregon and 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. 927, 
regulating the handling of pears grown in Oregon and 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: Susan M. Coleman 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. 927, as amended (7 CFR 
part 927), regulates the handling of pears grown in Oregon and 
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 two administrative committees, the Fresh Pear 
Committee and the Processed Pear Committee (Committees).
    The Fresh Pear Committee (FPC) is comprised of 13 members and 26 
first and second alternate members selected by the Department of 
Agriculture (USDA). Six of the members and their respective alternates 
are growers of fresh pears, six of the members and their respective 
alternates are handlers, and one member and the respective alternates 
represent the public.
    The Processed Pear Committee (PPC) is comprised of 10 members and 
20 first and second alternate members selected by the USDA. Three of 
the members and their respective alternates are growers of pears for 
processing, three of the members and their respective alternates are 
handlers, three of the members and their respective alternates are 
processors, and one member and the respective alternates represent the 
public.
    For both Committees, members and alternate members serve for two 
years beginning on July 1 and ending on June 30. 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 Committees are 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 Committees recommend amendments to the order when needed to 
further industry objectives. Activities of the Committees are funded by 
assessments collected from handlers. USDA must approve recommendations 
by the Committees before they can be implemented.
    Currently, there are approximately 1,700 growers and 42 handlers of 
Oregon-Washington pears 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, and do not have differential impacts based on size.
    AMS published in the Federal Register on February 18, 1999 (64 FR 
8014), a plan to review certain regulations, including Marketing Order 
No. 927, 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 Oregon-Washington pear 
marketing order in the March 18, 2008, issue of the Federal Register 
(73 FR 14400). The deadline for comments ended May 19, 2008. Three 
comments were received on the regulations.gov website in support of the 
order and are discussed later in this confirmation.
    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 grade, size, quality, and container 
regulations for fresh pears, excluding pears for processing. Also 
authorized for fresh pears are mandatory inspection requirements. Only 
one minimum quality handling regulation is currently in effect, which 
covers fresh shipments to North America for the Beurre D'Anjou variety. 
This regulation has helped ensure that only high quality Beurre D'Anjou 
pears reach consumers, contributing to increasing and maintaining 
demand. The order also authorizes production and post-harvest

[[Page 78150]]

research, marketing research, market development, and promotion 
activities, including paid advertising. The research and promotion 
programs are all currently active. Finally, the order authorizes 
collection and dissemination of information for the benefit of the 
industry. Funds to administer the order are obtained from assessments 
levied against all product handled under the order.
    This order has a history of regulations that includes minimum grade 
and size, and mandatory inspection. Current industry practices have 
moved beyond the need for these regulations. However, the order 
contains the authority for these provisions should they ever be 
necessary to enforce again.
    Regarding complaints or comments received from the public 
concerning the order, AMS received three comments, one from a pear 
handler, one from the FPC, and one from the PPC. All comments were 
supportive of the order and addressed each of the five factors under 
consideration by AMS. 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 Committees 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. AMS did not identify any relevant 
Federal rules, or State and local regulations that duplicate, overlap, 
or conflict with the order.
    The order was established in August 1939 to regulate the winter 
pear varieties. During the 69 years the order has been in effect, AMS 
and the Oregon-Washington pear 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 Committees meet 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 1961, the order was redesignated from 7 CFR 939 to 7 CFR 927. In 
1986, the title of the order was simplified, by changing it from 
``Beurre D'Anjou, Beurre Bosc, Winter Nelis, Doyenne du Comice, Beurre 
Easter, and Beurre Clairgeau Varieties of Pears Grown in the States of 
Oregon, Washington, and California'' to ``Winter Pears Grown in Oregon, 
Washington, and California''. This action allowed more varieties to be 
included under the order.
    Additional order improvements have included a redefinition of the 
production area and a consolidation of orders. In 1997, California 
growers and handlers were removed from the order and agreement at their 
request since the harvesting and marketing seasons for California pears 
are different than those for pears grown in Oregon and Washington. The 
most recent major amendments occurred in 2005 to consolidate the order 
with Marketing Order No. 931, Fresh Bartlett Pears Grown in Oregon and 
Washington. The title changed again, becoming ``Pears Grown in Oregon 
and Washington.''
    Based on the potential benefits of the order to growers, handlers, 
processors, and consumers, AMS has determined that the Oregon-
Washington pear marketing order should be continued. The order was 
established to help the industry work with USDA to solve marketing 
problems. The collection, compilation, and dissemination of information 
has provided growers, handlers, and processors with tools to assist 
them in making production and marketing decisions.
    Numerous activities and projects undertaken by the Committees have 
allowed growers to earn higher revenues and reduce the cost of 
production. The minimum quality regulation of fresh Beurre D'Anjou pear 
shipments has benefited growers, handlers, and most importantly, 
consumers. AMS will continue to work with the Oregon-Washington pear 
industry in maintaining an effective marketing order program.

    Dated: December 16, 2008.
James E. Link,
Administrator, Agricultural Marketing Service.
 [FR Doc. E8-30310 Filed 12-19-08; 8:45 am]
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