[Federal Register Volume 76, Number 140 (Thursday, July 21, 2011)]
[Rules and Regulations]
[Pages 43533-43534]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-18396]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 76, No. 140 / Thursday, July 21, 2011 / Rules
and Regulations
[[Page 43533]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Parts 916 and 917
[Doc. No. AMS-FV-11-0019; FV11-916/917-5 FIR]
Nectarines and Peaches Grown in California; Suspension of
Handling Requirements
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Affirmation of interim rule as final rule.
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SUMMARY: The Department of Agriculture (USDA) is adopting, as a final
rule, without change, an interim rule that suspended the quality,
inspection, reporting, and assessment requirements specified under the
California nectarine and peach marketing orders (orders). The interim
rule suspended the handling regulations for the 2011 and subsequent
marketing seasons relieving handlers of all regulatory burdens under
the orders while USDA processes the terminations of the orders.
DATES: Effective July 22, 2011.
FOR FURTHER INFORMATION CONTACT: Jerry L. Simmons, Marketing
Specialist, or Kurt J. Kimmel, Regional Manager, California Marketing
Field Office, Marketing Order Administration Branch, Fruit and
Vegetable Programs, AMS, USDA; Telephone: (559) 487-5901; Fax: (559)
487-5906; or E-mail: [email protected] or
[email protected].
Small businesses may obtain information on complying with this and
other marketing order regulations by viewing a guide at the following
Web site: http://www.ams.usda.gov/MarketingOrdersSmallBusinessGuide; or
by contacting Laurel May, Marketing Order Administration Branch, Fruit
and Vegetable Programs, AMS, USDA, 1400 Independence Avenue, S.W., 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
Agreement Nos. 916 and 917, both as amended (7 CFR parts 916 and 917),
regulating the handling of nectarines and peaches grown in California,
hereinafter referred to as the ``orders.'' The orders are 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.
The handling of nectarines and peaches grown in California is
regulated by 7 CFR parts 916 and 917, respectively. In early 2011, USDA
conducted mandatory referenda among California nectarine and peach
growers to determine if they favored continuation of their programs.
The referenda results demonstrated a lack of grower support for
continuing the orders. Thus, USDA intends to terminate the orders.
In an interim rule published in the Federal Register on April 18,
2011, and effective on April 19, 2011, (76 FR 21615, Doc. No. AMS-FV-
11-0019, FV11-916/917-5 IR), Sec. Sec. 916.110, 916.115, 916.234,
916.235, 916.350 and 916.356 and 917.143, 917.150, 917.258, 917.259,
917.442, and 917.459, were suspended indefinitely.
Final Regulatory Flexibility Analysis
Pursuant to requirements set forth in the Regulatory Flexibility
Act (RFA) (5 U.S.C. 601-612), the Agricultural Marketing Service (AMS)
has considered the economic impact of this action 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 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.
There are approximately 97 California nectarine and peach handlers
subject to regulation under the orders, and about 447 growers of these
fruits in California. Small agricultural service firms, which include
handlers, are defined by the Small Business Administration as those
having annual receipts of less than $7,000,000, and small agricultural
growers are defined as those having annual receipts of less than
$750,000 (13 CFR 121.201). A majority of these handlers and growers may
be classified as small entities.
For the 2010 marketing season, the committees' staff estimated that
the average handler price received was $10.50 per container or
container equivalent of nectarines or peaches. A handler would have to
ship at least 666,667 containers to have annual receipts of $7,000,000.
Given data on shipments maintained by the committees' staff and the
average handler price received during the 2010 season, the committees'
staff estimates that approximately 46 percent of handlers in the
industry would be considered small entities.
For the 2010 marketing season, the committees' staff estimated the
average grower price received was $5.50 per container or container
equivalent for nectarines and peaches. A grower would have to produce
at least 136,364 containers of nectarines and peaches to have annual
receipts of $750,000. Given data maintained by the committees' staff
and the average grower price received during the 2010 season, the
committees' staff estimates that more than 80 percent of the growers
within the industry would be considered small entities.
This rule continues in effect the suspension of the quality,
inspection, reporting, and assessment requirements for nectarines and
peaches under the orders. This action is consistent with USDA's
decision to seek termination of the nectarine and peach order
provisions. Suspension of the requirements is expected to reduce the
regulatory burden on handlers and growers of all sizes.
In accordance with the Paperwork Reduction Act of 1995, (44 U.S.C.
Chapter 35), the orders' information collection requirements have been
previously approved by the Office of Management and Budget (OMB) and
assigned OMB No. 0581-0189, Marketing Order Administration Branch
[[Page 43534]]
Generic OMB Fruit Crops. No changes in those requirements as a result
of this action are necessary. Should any changes become necessary, they
would be submitted to OMB for approval.
This rule will not impose any additional reporting or recordkeeping
requirements on either small or large California nectarine or peach
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. In addition, USDA
has not identified any relevant Federal rules that duplicate, overlap
or conflict with this rule.
Comments on the interim rule were required to be received on or
before June 17, 2011. No comments were received. Therefore, for the
reasons given in the interim rule, we are adopting the interim rule as
a final rule, without change.
To view the interim rule, go to: http://www.regulations.gov/#!documentDetail;D=AMS-FV-11-0019-0001.
This action also affirms information contained in the interim rule
concerning Executive Orders 12866 and 12988, the Paperwork Reduction
Act (44 U.S.C. Chapter 35), and the E-Gov Act (44 U.S.C. 101).
After consideration of all relevant material presented, it is found
that the regulatory requirements suspended by the interim rule, (76 FR
21615, April 18, 2011), affirmed in this action, do not tend to
effectuate the declared policy of the Act.
List of Subjects
7 CFR Part 916
Marketing agreements, Nectarines, Reporting and recordkeeping
requirements.
7 CFR Part 917
Marketing agreements, Peaches, Pears, Reporting and recordkeeping
requirements.
Accordingly, the interim rule that amended 7 CFR parts 916 and 917
and that was published at 76 FR 21615 on April 18, 2011, is adopted as
a final rule, without change.
Dated: July 14, 2011.
David R. Shipman,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 2011-18396 Filed 7-20-11; 8:45 am]
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