[Federal Register Volume 77, Number 70 (Wednesday, April 11, 2012)]
[Rules and Regulations]
[Pages 21623-21624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-8676]



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  Federal Register / Vol. 77, No. 70 / Wednesday, April 11, 2012 / 
Rules and Regulations  

[[Page 21623]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 927

[Doc. No. AMS-FV-11-0060; FV11-927-2 FIR]


Pears Grown in Oregon and Washington; Assessment Rate Decrease 
for Fresh Pears

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Affirmation of interim rule as a final rule.

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SUMMARY: The Department of Agriculture is adopting, as a final rule, 
without change, an interim rule that decreased the assessment rate 
established for the Fresh Pear Committee (Committee) for the 2011-2012 
and subsequent fiscal periods from $0.501 to $0.471 per standard box or 
equivalent of fresh winter pears handled. The Committee locally 
administers the marketing order which regulates the handling of fresh 
pears grown in Oregon and Washington. The Committee recommended the 
assessment rate decrease because the fresh winter pear promotion budget 
for the 2011-2012 fiscal period was reduced.

DATES: Effective April 12, 2012.

FOR FURTHER INFORMATION CONTACT: Teresa Hutchinson or Gary Olson, 
Northwest Marketing Field Office, Marketing Order and Agreement 
Division, Fruit and Vegetable Programs, AMS, USDA; Telephone: (503) 
326-2724, Fax: (503) 326-7440, or Email: [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 and Agreement Division, 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 Email: [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.
    Under the order, Oregon-Washington fresh pear handlers are subject 
to assessments, which provide funds to administer the order. Assessment 
rates issued under the order are intended to be applicable to all 
assessable fresh pears for the entire fiscal period, and continue 
indefinitely until amended, suspended, or terminated. The Committee's 
fiscal period begins on July 1, and ends on June 30.
    In an interim rule published in the Federal Register on August 31, 
2011, and effective on September 1, 2011, (76 FR 54075, Doc. No. AMS-
FV-2011-0060, FV11-927-2 IR), Sec.  927.236 was amended by decreasing 
the assessment rate established for the Committee for the 2011-2012 and 
subsequent fiscal periods from $0.501 to $0.471 per standard box or 
equivalent of fresh winter pears handled. The Committee recommended the 
assessment rate decrease because the fresh winter pear promotion budget 
for the 2011-2012 fiscal period was reduced. The assessment rates for 
summer/fall and ``other'' fresh pears remain unchanged at $0.366 and 
$0.00, respectively.

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 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 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 1,581 producers of fresh pears in the 
regulated production area and approximately 38 handlers of fresh pears 
subject to regulation under the 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 $7,000,000.
    According to the Noncitrus Fruits and Nuts 2010 Summary issued in 
July 2011 by the National Agricultural Statistics Service, the average 
price for fresh pears in 2010 was $591 per ton. The 2010 farm-gate 
value of fresh pears grown in Oregon and Washington is estimated at 
approximately $249,500,579, based on shipments of 19,189,400 44-pound 
standard boxes. Based on the number of fresh pear producers in the 
Oregon and Washington, the average gross revenue for each producer can 
be estimated at approximately $157,812. Furthermore, based on Committee 
records, the Committee has estimated that 56 percent of Northwest pear 
handlers currently ship less than $7,000,000 worth of fresh pears on an 
annual basis. From this information, it is concluded that the majority 
of producers and handlers of Oregon and Washington fresh pears may be 
classified as small entities.
    This rule continues in effect the action that decreased the 
assessment rate established for the Committee and collected from 
handlers for the 2011-2012 and subsequent fiscal periods from $0.501 to 
$0.471 per standard box or equivalent of fresh winter pears handled. 
The Committee unanimously recommended 2011-2012 expenditures of 
$8,827,860 and an assessment rate of $0.471 per standard box or 
equivalent of fresh winter pears. The assessment rate of $0.471 is 
$0.03 lower than the previous rate. The assessment rates for summer/
fall and ``other'' fresh pears

[[Page 21624]]

remain unchanged at $0.366 and $0.00, respectively. The Committee 
recommended the assessment rate decrease because the fresh winter pear 
promotion budget for the 2011-2012 fiscal period was reduced.
    The quantity of assessable fresh winter pears for the 2011-2012 
fiscal period is estimated at 15,500,000 standard boxes or equivalent. 
Thus, the $0.471 rate should provide $7,300,500 in assessment income. 
In addition, income derived from summer/fall fresh pear handler 
assessments, interest, and miscellaneous income will be adequate to 
cover the budgeted expenses.
    This rule continues in effect the action that decreased the 
assessment obligation imposed on handlers. Assessments are applied 
uniformly on all handlers, and some of the costs may be passed on to 
producers. However, decreasing the assessment rate reduces the burden 
on handlers, and may reduce the burden on producers.
    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
Chapter 35), the order's information collection requirements have been 
previously approved by the Office of Management and Budget (OMB) and 
assigned OMB No. 0581-0189, Generic Fruit Crops. No changes in those 
requirements as a result of this action are anticipated. Should any 
changes become necessary, they would be submitted to OMB for approval.
    This action imposes no additional reporting or recordkeeping 
requirements on either small or large Oregon-Washington fresh 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.
    In addition, the Committee's meeting was widely publicized 
throughout the Oregon-Washington pear industry and all interested 
persons were invited to attend the meeting and participate in Committee 
deliberations on all issues. Like all Committee meetings, the June 3, 
2011, meeting was a public meeting and all entities, both large and 
small, were able to express views on this issue.
    Comments on the interim rule were required to be received on or 
before October 31, 2011. No comments were received. Therefore, for 
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-11-0060-0001.
    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 finalizing the interim rule, without change, as published in the 
Federal Register (76 FR 54075, August 31, 2011) will tend to effectuate 
the declared policy of the Act.

List of Subjects in 7 CFR Part 927

    Marketing agreements, Pears, Reporting and recordkeeping 
requirements.

PART 927--PEARS GROWN IN OREGON AND WASHINGTON

0
Accordingly, the interim rule amending 7 CFR part 927, which was 
published at 76 FR 54075 on August 31, 2011, is adopted as a final 
rule, without change.

    Dated: April 5, 2012.
David R. Shipman,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 2012-8676 Filed 4-10-12; 8:45 am]
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